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A theoretical approach to the study of Spanish American institutionalized functional groups

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A theoretical approach to the study of Spanish American institutionalized functional groups
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Newton, Ronald Charles, 1933-
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[Gainesville]
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University of Florida
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viii, 143 leaves : ; 28 cm

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Corporations ( jstor )
Functional groups ( jstor )
Jurisprudence ( jstor )
Political history ( jstor )
Political institutions ( jstor )
Political interest groups ( jstor )
Political organizations ( jstor )
Political power ( jstor )
Political systems ( jstor )
Political theory ( jstor )
Associations, institutions, etc ( fast )
Political science ( fast )
Politics and government -- Latin America ( lcsh )
Social classes ( fast )
Social groups ( fast )
Latin America ( fast )
City of Gainesville ( local )
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bibliography ( marcgt )
theses ( marcgt )
non-fiction ( marcgt )

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Bibliography:
Includes bibliographical references (leaves 118-143).
General Note:
Manuscript copy.
General Note:
Vita.

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A THEORETICAL APPROACH TO THE STUDY OF SPANISH AMERICAN INSTITUTIONALIZED

FUNCTIONAL GROUPS











By
RONALD CHARLES NEWTON


A DISSERTATION PRESENTED TO THE GRADUATE COUNCIL OF
THE UNIVERSITY OF FLORIDA
IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE
DEGREE OF DOCTOR OF PHILOSOPHY












UNIVERSITY OF FLORIDA
August, 1963













PREFACE


The dissertation that follows represents an attempt to open up

for scholarly discussion an area of Spanish-American socio-political phenomena that has been, as yet, very little studied. This area--which, in the present state of the art, can rightfully be called a problem area--is the group structure of the Spanish-American societies, and more particularly, tne social and political behavior of large, secondary, occupational groups. The latter have been chosen as the focus of attention because, it is felt, much less is known about them than about other Spanish-American group solidarities--class/status groups, kinship groups, ethnic groups, locality groups. Moreover, an analysis of their political behavior and of their articulation into the political system seems to offer access to a more precise understanding of the workings of the system itself--in this connection the general question is raised, what are the similarities and differences between Spanish-American "fragmentation" and North American "pluralism"? The available evidence on such groups as student and professional associations, the military, the bureaucracy, labor syndicates, etc., is reviewed, and it is hypothesized that there exists sufficient institutional homogeneity within Spanish America to permit the erection of heuristic devices for the beginning classification and study of the groups of the entire area.

For to describe in a general way the group phenomena of Spanish America is but part of the problem; it is also necessary to find methods through which these phenomena can be made amenable to precise examination.
ii










The sine Qua non, the constant factor without which the social and politi-' cal behavior of Spanish-American groups would not take the form it does, seems to lie in the structure of the group itself. That is, a concept of the Spanish-American goup is necessary before any further statements can be made about the behavior of groups. And, since the study is more concerned with the political activity of groups than with their sociology per se, it is necessary to include in such a concept means for determining the group's political potency, for determining in how far the group may be considered the locus of effective political power.

For this purpose, it would seem that highly developed European and North American "interest-group" concepts might be adaptable to the SpanishAmerican context. Therefore, three not altogether successful attempts by other authors (Blanksten, Silvert, Linares Quintana) to erect interestgroup typologies for the area are analyzed, and the requirements and exclusions of any such scheme are determined. The point is emphasized that, on the basis of available evidence, the investigator should expect to find much overt linkage between organized interests and the formal apparatus of government, a decisive interpenetration of society and polity; he should therefore divest himself of any value-laden biases in favor of "voluntary" and "autonomous" associations. It also seems necessary to attach rather more significance to the group's basic legal statute than would be required in a North American context. Using concepts developed by-Almond, and some of the terminology of Weber, a scheme for the classification of "institutionalized functional" groups is erected. Its final term is the "inclusive' group, that which affords its membership a major source of discipline and of material and psychological satisfactions, and allows of

iii










a minimum of cross-cutting solidarities. Such groups obviously possess a great potential for formulating extreme demands on government, and for pursuing an inflexible line unless and until they are met. However, the possibility that even inclusive groups can be articulated into a viable political system is Indicated by the example of modern Mexico, where this seems to have occurred.

This classification scheme is applicable to the contemporary present, and conceivably also to certain problem areas of the more remote past; it remains, however, an heuristic device which does not permit the investigator to penetrate very deeply the thick texture of SpanishAmerican social life. Nor does it take into account the apparent phenom-enon of group persistence (in Pareto's terminology)--the fact, that is, that there exists a strong formal resemblance between the institutionalized functional groups of modern Spanish America and the corporations of the Colonial Old Regime. In order to follow out the implications of this observation, and in order further to determine what is specifically and uniquely Spanish American about such groups, the problem is translated into one in intellectual history, more particularly, the history of political and legal theory. Chapters are therefore devoted to the treatment in the political thought of the Golden Age of the relationship of groups to the state, and to the development of the Spanish concept of juridical personality and of the law of corporations in the Early Modern Period. Because of the extreme scarcity of preliminary studies in either of these areas, the essays cannot be developed extensively; they must serve only as points of departure for further historical studies along similar lines.









The study of Spanish American groups can therefore be considered a problem in sociology, in behavioral political science, in political theory, or in law. For the historian's purposes, it would seem that all four approaches are required in conjunction. This appears a large order, yet in reality, historians have always felt free to synthesize materials from other disciplines. This is done, however, on an operational basis; the level of complexity or abstraction is no higher than that required for the elucidation of the problem at hand. For this reason, the rankings and classifications proposed in Chapters I and II are left to the historian's subjective judgment; there appears to be no requirement to make the material subject to quantification. The most serious obstacle, in fact, to the simultaneous employment of these multiple approaches seems to be the difficulty of acquiring a working knowledge of Roman and civil law.

The-.author wishes to apologize for the occasional intrusion of

jargon or of neologisms, particularly in Chapter II. Their use seems unavoidable if precision and neutrality of terminologyare to be achieved, but one cannot be entirely happy with the results. Similarly, several of the points made in Chapters I and II seem self-evident, almost banal. As is .indicated, however, they have not been self-evident to other writers. In any case, the group phenomena of Spanish America represent largely untrodden ground, and.perhaps it is just as well that their study begin with a set of elementary definitions and formulations. A final word is necessary about the justification for the exclusion of Brazil.' Since one of the objectives pursued--especially in the last two chapters--has been that of achieving some kird of empathic relation.with the societies under

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study, it is obvious that the Portuguese and Spanish backgrounds are sufficiently distinct so as to obviate their simultaneous consideration without a series of cumbersome qualifications. Furthermore, the institutional development of modern Spanish American group structures seems to be related to and in some way descended from the urban culture of the Colony; it seems safe to say that the city Was less of a focus of culture in Colonial Brazil.

It is really impossible for the author to disentangle the web of his obligations to all those persons who have contributed, in one way or another, to this study. He must acknowledge, however, the great and continuing influence on his thinking of his undergraduate maestro, Professor Lic. Jose Vasquez Amaral, who long ago made indelibly clear the richness and bewildering complexity of Spanish-American civilization. Thanks are due also to the members of the Supervisory Committee; in particular to its Chairman, Dr. Donald E. Worcester, whose guidance has been invaluable, and patience, nigh infinite; and to Dr. Lyle N. McAlister,,in one of whose challenging seminars the central concept of thi.s study germinated. More generally, the author feels, deep gratitudetoward the entire staff of the Department of History, members of the'Committee or not, Latin Ameri.canists or not; they know better than I the labor that goes intothe making of a beginning historian. Beyond the Department of History, many others have given freely of their counsel: Professors Raymond E. Crist, of Geography; T. Lynn Smith, of Sociology; Alfred B. Clubok, Manning J. Dauer, Arnold J. Heidenheimer, and Harry Kantor, of Political Science; and W. D. MacDonald, of the School of Law. Finally, and more than pro forma, an awesome debt is owed my wife, Ortrud, who not only has borne vi









with uncommon grace the existence of a graduate student's wife for almost five years, but who also contributed materially to the present study: the translations from the Latin in Chapter III are her doing--but of course my responsibility.













TABLE OF CONTENTS


PREFACE . . . . . . ........................


Page

ii


pter

I THE PROBLEM ....... ..................

I1 SPANISH AMERICAN INSTITUTIONALIZED FUNCTIONAL
GROUPS: A TENTATIVE CLASSIFICATION SCHEME . . II GROUPS AND THE STATE IN THE POLITICAL THOUGHT
OF THE SIGLO DE ORO ....................

IV SOME NOTES ON THE LAW OF ASSOCIATIONS IN
SPAIN AND THE COLONY ...... .............

V CONCLUSIONS ..... ............... ...


BIBLIOGRAPHY ......... ........................


. . . . 32


. ... 69


. . . . 101 . . . . 116

. . 118


viii


Cha













CHAPTER I


THE PROBLEM


Despite the recent appearance of a number of major interpretive

works by Spanish and United States scholars, students of Hispanic America,

or of the Hispanic world, have as yet only a very imperfect understanding

of the role played in the historical processes of those areas by human social groups. There is every reason to believe--as will be, in passing,

made clear--that the group concept may represent a more precise investigational tool than many heretofore available to the Hispanicist; at the same

time, however, it is also apparent that the concept is adaptable to a

rather broad range of problems, each requiring its own focus, technique,

and subject materials. There exists, that is, along with the opportunity

for a more penetrating analysis, the serious risk of confusion. Both aspects are implicit in the following quotation from the Spanish social historian Juan Beneyto:

A history is social when it is faithful to the society as *it has revealed itself in each epoch, in the totality of its groups and
structures. The incarnation of history, the dense experience
that the past brings to bear, is related--even connected--to the
participation of groups in the common life. The unfolding of
crises may even be deduced from the examination of these groupings. It follows that--as Verlinden observes--the concept of group, in all its forms, may turn out to be determinant, and
that therefore . . . the study of those groups in some way dominant or influential must be important. The concept of group is
demanded so imperiously that the social historian'is obliged to ponder the forms of communal life. The concept of group,
further, serves to expel the concept of class. . . Groups may
associate, and frequently do associate, in "class" ways, but
not invariably. Farmers and cattlemen, industrialists and
merchants, diverse professionals and persons grouped temporarily,









have at each moment their specific configuration. . . . Thus the subjects of the historian are the orders of chivalry and
the guilds, workmen's associations and the Societies of Friends
of the Nation; but also, relevantly, kinship groups, which in
earlier times had the strength of factions, and still today
possess singular facilities for access to public life and incorporatfon into the social process. Also a subject is
the generation, as vaguely delimited as it is effectively active. We may conclude by emphasizing the necessity of treating
of the origins and transformations of those groups which--as
Konetzke has written in reference to the problems of Hispanic American social history--'are a structured organization, form
a particular body, and represent an intelligible unity."1

The sheer variety of groups that Beneyto proposes to investigate is large: eliteses," occupational groups, tangential groups (the eighteenth-century Societies of Friends of the Country), kinship groups, the "generation" (a distinctively Hispanic concept that may deserve more attention than it has received from Anglo-Saxons). And the problem areas to be considered are formidable: questions of continuity and change C"... the dense experience that the past brings to bear," the succession in time of present-day workmen's associations to the earlier guilds), the behavior of groups in crisisi" situations, the relation between the institutional structure of Hispanic America and that of the Metropolis, the compatibility or noncompatibility of the "class" concept and the "group" concept. There is ample scope here for the sociologist, the political scientist, and thehistorian. But also, as Beneyto remarks in another context, "there is no institutional structure without a juridical structure."2 It is probable, that is, that the study of Hispanic group structure will require the application of the techniques of comparative law and, ultimately, political theory as well.

For the United States student of Latin America, these problems of definition and focus might be considered in a sli.ghtly different light.










By way of illustration, a recent analytical article by Arthur P. Whitaker on the political culture of post-Peron Argentina is highly relevant.3 After reviewing the causes of the continuing crisis and the irreconcilable behavior of armed forces, Church, Peronist labor unions, the university groups, and industrialists, the author goes on to generalize:

Socially and politically, Argentina is a highly fragmented
country. Its fragmentation is different from the pluralism
which many of us think is one of the best attributes of society in the United States. In Argentina, the divisions are sharper, deeper, and more numerous, and the several fragments either do not communicate with each other at all or else do so mainly to quarrel and fight. Hence the widespread feeling of frustration
and loss of direction tha4 embitters domestic differences and
tends to perpetuate them.

It is obvious that Whitaker's statement raises many more questions than it answers. The first and most fundamental of these is, in what way is Argentine "fragmentation" different from American "pluralisr'? And why should the divisions be "sharper, deeper, and more numerous"? (This last adjective is dubious, if it is taken to mean that there are absolutely or even relatively more "fragments" in the Argentine than "groups" in the United States. The point will be considered in a more generalized context below.). What of the "fragments" themselves? Can they properly be characterized as groups, social entities possessing a leadership cadre, *a base of membership, a received "interest," and institutional devices to ensure 'their durability in time? For, if the "differences . . . [are] perpetuate[d],"maynot one also suppose that the structures among which the "differences" exist are perpetuated? Why, too, should relations among these structures be characterized by the extremes of indifference and friction? Such a polarization of attitudes has been a relatively rare










phenomenon in the United States "pluralistic" experience; is this a significant point of differentiation?

At a higher level of abstraction, is one to assume, following Beneyto, that "fragmentation" --a group structure lacking, more or less permanently, intergroup cohesiveness--can be understood entirely as the precipitate of the Argentine institutional experience? Rather, inasmuch as a nation's group structure is obviously closely related to the types of economic activity carried on within the national borders, is it not more reasonable to maintain that Argentine "fragmentation" is in some way a function of both her received history and her attained stage of economic

--and hence also occupational--complexity? The question then arises: assuming, as the Latin Americanist does, a high degree of homogeneity in the socio-political and juridical institutions of the area, is it possible to erect an heuristic framework with which to begin the study of the institutional bases of Hispanic American national group structures? That is, is the institutional homogeneity sufficiently great so as to permit the elaboration of a constant set of definitions and investigational categories, one which is yet not at such a high level of abstraction so as to be meaningless? If this can be done, it would seem perfectly feasible then to take proper account of the differential in economic development between, e.q Argentina or Southern Brazil on the one hand and Paraguay or Honduras on the other, by applying, as variables, data on economic diversification so as to arrive at a more accurate estimate of the extent and morphology of the group organization in a given national society.

The foregoing critique of Whitaker's article was not intended,

certainly, to be an essay in logic-chopping. The point is, rather, that










while the author's perception of the structural factors involved in present-day Argentine "fragmentation" was probably quite accurate, he did not have available to him the techniques, or even the terminology, with which to push the analysis forward. It is the purpose of the present study to work toward the creation of such techniques and terminology. For arbitrary reasons, only the Spanish-speaking nations will be considered; therefore, the problem becomes that of determining whether there is such a thing as a specifically Spanish American group, and if so, what is specifically Spanish American about it. Given the extreme scarcity of earlier studies in this field, the procedure here must necessarily be that of moving from the known to the unknown; all conclusions reached must be considered tentative and subject to later revision. The possibility, however, that a number of problem areas--as implied in Beneyto--may be rendered more amenable to scholarly investigation makes the undertaking worthwhile. Or as George Blanksten, speaking for the political scientists, says:

The bulk of the work . . done by "North American" political
scientists in Latin America has generally involved, in one way
or another, the description of formal structures of governments.
It has often taken the form of translating the written constitutions . . . and abstracting or summarizing these legal provisions ..... This type of activity reaches the point of diminishing returns. . . . [However] this [i.e., political groups] is a
major area of our ignorance in Latin American politics. We know virtually nothing about the area's political groups, and there is
some virtue in our beginning to acquire that knowledge for its
own sake. . . .5

It is, in fact, rather curious that this lacuna should have been

permitted to exist in the conceptual baggage of the Latin Americanist, for group theory, as developed in the United States and Western Europe, is by no means new. A-major reason for its neglect until now undoubtedly lies










in the strength and pervasiveness of the premise--almost universal among United States and Latin American scholars--that the national social structures of the area can best be described as "stratified." A consideration of this premise, and of some of its implications, is of some value at this point.

The adjective "stratified," as one may tend to forget, is a metaphor taken from the earth sciences, and--like other metaphors put to uses for which they were not intended--it appears to have been, in the Latin American context, overvirked. Czrtaiily ;t cannot be denied that, as one way of describing the society, "stratified" is accurate enough. One may agree with Sorokin that:

social stratification means the differentiation of a given population into hierarchically superposed classes. It is manifested
in the existence of upper and lower layers. Its basis and very essence consist in an unequal distribution of rights and privileges, duties and responsibilities, social values and privaions,
social power and influences among the members of a society.

As every visitor to the area is aware--and the confusion may begin at precisely this point--wealth in every national social'structure is unevenly distributed in a more or less gross, and highly visible, way. That the possession of wealth--along with other factors, primarily lineage and occupation--confers social status, is also obvious. Finally, effective power, defined as "the probability that one actor within a social relationship will be in a position to carry out his own will, despite resistance, regardless of the basis on which this probability rests,,,7 is also unevenly distributed, being correlative to wealth and 'status. That is to say, in every national and sc.cial structure there exists.at least one generalized hierarchy based in economic, social, and political determinants; in nations possessing compartmentalized indigenous subcultures,









several such generalized hierarchies exist. The historian, furthermore, is aware that this has long been so, that in the Colony, in fact, the hierarchy of estates received formal institutionalization or sanction from the Crown in the form of differential private and public law legislation for the h*dalquia, the pecheros, the Indians, and the gente vil--as well as for more particularized groups.8 Difficulties begin to multiply, however, when an attempt is made to transmute these strata into social classes, and then to deduce--largely from assumptions or knowledge of the political behavior of United States or West European "classes"--the political consequences that will, or should, ensue.

A case in point is John J. Johnson's Political Change in Latin America: the Growth of the Middle Sectors.9 "Middle Sectors," be it noted, for the author carefully refrains from using the term "classes" or "middle classes." However, he does not supply any criteria that will help identify and characterize these sectors and type the varieties of their political action; instead, the reader is given a series of ex post facto categories--"nationalism," improved communications, etc.--that explain, presumably, the growth of these sectors. The result is, the reviewer of the London Times Literary Supplement notes, that "the term 'middle sec.-. tors' is applied so widely that the reader will wonder whether anyone but a few landowning oligarchs and isolated peasants is excluded. ,,lO The author shows, nevertheless, that new occupational groups have emerged in recent years, in the Plata, in Chile, in Southern Brazil, in the Valley of Mexico, and elsewhere; that they can be tagged with convenient overall terms such as "commercial," "entrepeneurial," "managerial," and "bureaucratic"; and they have begun to act politically. What has not been shown










is that they constitute homogeneous social classes, or that their political behavior has been homogeneous on the basis of "class interest."

The problem of establishing their identity as social classes and, simultaneously, assessing their actual and potential political behavior is one which, in other Western contexts, has generated vast amounts of controversy for the past century and more, and certainly cannot be settled out of hand here.11 However, Latin Americanists have not hesitated in arranging, from census returns and other economic data, a scale of income levels; the result has been, when proper account has not been taken of important variables--price indices, the extent to which certain groups participate at all in the cash nexus, the family as an economic unit--a series of statistical fictions bearing little relation to "life chances." The application of closer objective noninstitutional criteria--"style-oflife" studies--can provide more positive results. It can indeed be shown that, in a given national structure, individuals at certain levels of the hierarchy own or aspire to a discrete range of material objects and share other attributes: neighborhood preferences, dress, social affiliations, recreations, and the like. Correlation of these levels with income and occupation may or may not be high.

Objective institutional criteria--that is, constitutional or legal provisions serving to demarcate agglomerations of individuals in terms of demonstrable socio-economic status, and on that basis conferring differential rights, privilege, and standing before the law--would provide less positive results. In societies that are nominally egalitarian, only the labor codes of the several Latin American constitutions seem to have had the effect of identifying and deliberately advantaging a social class,









qua class. The tax structures, it is acknowledged, have a marked "class" bias--here, in favor of the wealthy. Whether this bias has legitimate sanction, however, is another question. Finally, Silvert points up the importance of carnets, identification cards, which individuals in most countries are required to carry at all times. These carnets invariably describe the bearer's occupation in general terms, e.q., empleado, agregado, patron, etc.; Silvert interprets them as formally sanctioned symbols of status in the hierarchical order.12 They may well serve this function; but they may well also be interpreted as outward manifestations of the internal discipline of the corporate group to which the individual belongs.13

Close studies utilizing nonobjective criteria are also required. One approach is the "ascriptive" or "reputational"; that is, do individuals consider themselves to be members of given social classes, and do other members of the society concur in these rankings--with or without carnets? The second of these approaches is the "behavioral" analysis of the political process: do large agglomerations of individuals vote as a class in "normal" situations, or play other class roles in "crisis" situations? The third of these approaches--perhaps the crucial one--is the'. ,elucidation of "class-based" value systems: can it be shown that, in a given national structure, certain congeries of beliefs, presuppositions, and values are the property of the majority of the members of discrete classes (otherwise identified by socio-economic criteria), and of not more than a few members of other such discrete classes? Despite the work of Johnson, Crevenna, and others,14 there is not sufficient evidence at hand to warrant firm conclusions; it seems more likely that in several areas










what can be described as "social classes" exist, or are coming into existence, than that they have begun to behave politically in furtherance of

"class interest."15

What is the result, however, if the conceptual grid is rotated ninety degrees, if attention is turned to groups? The scholar is z. are of the existence of a broad range of Spanish American groups, many of Zhemn

--like the armed forces or the university students associations--possessed of both intricate Tnstitutionalizing features and marked political potency. But he must also be aware, following Blanksten, of the depth of his ignorance about them: they have not yet been classified; much less is it possible to speak of their composition and their boundaries; the ways in which they become institutionalized, either through their own efforts or through the receipt of sanctions from the society at large; their potential for political behavior; or the actual processes of that political behavior. At this point, therefore, it seems justifiable to seek, outside the Spanish American experience, a priori formulations as aids to clarify the problem. The first one chosen is at a level of abstraction that renders it adaptable to the Spanish American context--with two reservations, which are italicized:

The chief social values cherished by individuals in modern society are realized through groups. These groupings may be simple in structure, unicellular, so to speak, like a juvenile
gang. Or they may be intricate meshes of associated, federated,
combined, consolidated, merged, or amalgamated units and subunits of organization, fitted together to perform the divided and assigned parts of a common purpose to which the components are dedicated. . . . The conclusion emerges from an inspection of the literature dealing with the structure and the processes of groups that, insofar as they are organized groups, they are structures of power. They are structures of power because they
concentrate human wit, energy, and muscle for the achievement
of received purposes. . . . That which puts both state and









non-state associations in the same category of forms is the common factor of power. Both are associations of people for the achievement of ends common to the members, and the means
of achievement is the application of the power of the association'to the obstacles and hindrances which block the goal.16

The terms modern society and insofar as they are organized groups are decisive for differentiating between the United States experience and that of Spanish America; "modern," of course, must be taken in a neutral sense.

Scholars accept as axiomatic that the nations of Spanish America form part of the world's "underdeveloped" area. Even allowing for gross differences on the developmental scale, as noted earlier, it follows that even in the best case, the "industrialization"--meaning here economic complexity and diversification, and social and occupational diversification

--of Spanish America is rather less than that of the "advanced" nations. This fact has obvious consequences for the study of group structure. Alfred de Grazia writes, "the number of interest groups in a society seems to depend on the diversity of sentiment in the population with respect to those things that might fall within the scope of governmental action."'17 In the following chapter it will be proposed that "the scope of governmental action" must be understood in a broader sense in Spanish America. than it is in the United States--or perhaps was in the United States prior to 1929, a time whence still derives a persistent mythology. But at this point it is necessary merely to remark that in Spanish America there are far fewer nuclei of economic power and, obviously enough, far fewer ways to make a living, than in a "developed" nation. There are thus far fewer nodes of interest in the economic realm around which groups can coalesce










Furthermore, de Grazia goes on to say, "if there are numerous religions, there tend to be numerous religious interest groups... Again, it is accepted as axiomatic that none of the Spanish American nations, with the possible exception of Argentina, is characterized by anything resembling religious pluralism. While not discounting the multiplicity of attitudes within the Catholic Churches of Spanish America--nor the historical instances in which anti-clericalism has served as a unifying interest--the range of possible religious affiliations is clearly restricted.

These two considerations lead to a third. It is probable that

even in the most "modern" Spanish American nations there are, relative to total population, fewer "interest-articulation" groups than in a "developed" nation. If, however, it is agreed that groups represent structures of power, it would seem to follow that those groups that do exist are capable of exerting all the more influence on the political process (however that process be conceived), for power is diffused among fewer such structures.

The paradigm is of course far from complete; even at the present level of abstraction several variables must be considered.

The shortage of preliminary studies precludes any definitive

statements about the extent of group organization. The accounts that do exist suggest, nevertheless, that in the more advanced Spanish American states, at any rate, all but a few of the major functional groups--"economic" and "noneconomic" alike--are organized; this is in contrast to the scarcity--which may only be an apparent scarcity--of "civic-type" groups, more or less spontaneously organized agglomerations of individuals whose









"interest" is the amelioration of some social ill or the attainment of some other limited political aim. The major exceptions in the functional category, in the area as a whole, are: the agricultural laborers; the nonunionized manual workers; and, in those nations where a thorough-going spoils system continues to operate, the bureaucracy at all levels. These generalizations, like all of the generalizations in this section, must naturally be refined by closer studies.

A society's group structure is never static. Those of Spanish

America have been in a mounting flux since World War Two, or even in some nations--Mexico, Chile, Argentina--much earlier. In addition to the "Middle Sectors," in whom liberal commentators have placed so much hope, account must be taken of the currents of internal migration from rural to urban areas.19 The majority of these migrants remain underskilled, underemployed, and unorganized, and fall into the category, noted above, of nonunionized urban manual workers. The range of organizational forms, and varieties of political affiliation and action, available to them are very great. To the same extent is the course of "development" and change uncertain.

It has been contended, on the basis of preliminary evidence, that Spanish American group solidarities are as strong, or at least as deserving of the scholar's attention, as class solidarities. Three other types of solidarity, familiar to all students of the area, must also be remarked: kinship solidarities, ethnic solidarities, and territorial soli-darities. The relative weight to be assigned to groups and classes, familial relationships, the indigenous subcultures, and the patria chica is










an immensely difficult problem which can only be worked out empirically for the specific problem under study.

The question of multiple role-playing--that is, the behavior of individuals subjected to competing disciplines--is also central to the elaboration of any comprehensive "Sroup theory" for Spanish America. There is evidence, as will be shown in the next chapter, that many secondary groups--armed forces, universities, institutionalized bureaucracy, labor syndicates, even some professional associations--afford the individual both a major source of discipline and a major source of material and psychological gratifications. It will be possible, in fact, to postulate as an extreme case the "inclusive' group, a form that would be almost totally irrelevant for the United States context.

The style of the articulation of groups into the "normal" political process is a function of the nature and strength of the institutions of "interest aggregation," particularly the party system and the legislative branch of government.20 Where these are feeble, or where-functional
a
groups are articulated directly into the apparatus of.government, an unusual political style will result--one less similar, perhaps, to "traditional" Anglo-Saxon practices, than to the political processes of the Spanish Colony.

The discussion has proceeded until this point a priori; a set of general propositions has been thrown out that obviously requires further refinement. If, however, attention is turned to a preliminary empirical study of data already available, it will be found that virtually the same set of criteria applied in the discussion of classes can also be applied to the examination of groups.









The type of study characterized earlier as "style-of-life," being designed primarily to elicit information about class levels, would be of relatively little use in the study of groups. It is possible, however, that with them, further data concerning the relationships and shared values within groups--particularly such hi~h-status groups as the landowners and full-time military, with a greater potential for marginal differentiation--might be made available. Objective institutional criteria, on the other hand, are of considerable value. Business corporations, for example, enjoy juridical personality; many of them also possess an overt tie with government, in that ownership is joint. The case is more pronounced for the entes aut6nomos, autonomously managed public corporations created by government for the provision of public services, or for the supervision

--with greater or lesser regulatory powers--of the production and marketing of major commodities. The Church (generally), the armed forces, and the universities, as well as many or most professional associations, are "institutionalized" from above either through possession of a basic legal statute or through some form of direct articulation-with the apparatus of government--frequently both. Examination of tax statutes might well reveal functional differentiation operating through distinctions made as. to source of income. The carnets previously mentioned, it might be argued, confer group status as well as hierarchical status.

The "ascriptive" or "reputational" approach can be applied in a number of ways; an elementary one that comes to mind would involve the analysis of the frequency, and shadings of meaning, of the word gremio as applied in common speech to discrete social entities. The "behavioral" approach, one suspects, would produce rather strong confirmation of the










group thesis, especially were it applied in instances of "crisis" politics. However, extant studies employing either of these methods are virtually nil, and judgment must be reserved. On the other hand, it is probable that many Latin Americanists already have presumptions concerning the strength of a number of discrete, group-based, value systems: those of the Church (taken here to mean not only clericals but also their immediate families, lay action groups, and the personnel of church schools and publications), the armed forces, and the universities. It would probably be possible also to elucidate almost as well-demarcated value systems for professional groups and for "traditional" elite groups, particularly landowners.

"Discipline" was alluded to earlier as another potential approach for the gathering of data. The concept must be developed here, for it is central to group theory. From Johnson's study, or from one similar, it would be impossible to conclude that there exist, in Spanish American "classes," "chiefs," administrative staffs, and patterns of authority and loyalty among leaders and led. However, precisely such internal discipline is characteristic of many of the Spanish American groups for which information is available. The concept is taken from Max Weber:

'corporate action" is either the action of the administrative staff, which by virtue of its governing or representative authority is oriented to carrying out the terms of its order, or is the action of the members as directed by the administrative
staff. . . . It is indifferent, so far as the concept is concerned, whether the relation is of a communal or associative character. It is sufficient for there to be a person or persons in authority . . . whose action is concerned'with carrying into effect the order governing the corporate group. This criterion is decisive. . . . Whether a corporate group exists is
entirely a matter of the presence of a person in authority,
with or without an administrative staff. More precisely, it exists so far as there is a probability thatcertain persons










will act in such a way as to tend to carry out the order governing
the group. . . . The "constitution" (Verfassun) of a corporate
group is the empirically existing probability, varying in extent,
kind, and conditions, that rules imposed by the governing authority will be acceded to. . . . The concept of constitution made use of here . . . is not the same as what is meant by a
"written" constitution, or indeed by "constitution" in any sort
of legal meaning. The only relevant question . . . is when,
for what purposes, and within what limits . . . the members2f
the corporate group will submit to the governing authority.

Following Weber, a corporate group exists, and possesses a potential for political behavior, insofar as it has both a governing elite and certain patterns of expectations that the directives of the elite will be carried out by the membership at large. The armed forces of Spanish America, the Church, the permanent bureaucracies, and the organized labor syndicates are, by definition, corporate groups; it might be pointed out that the first two, invariably, and the last two, frequently, even possess tribunals with jurisdiction over a broad or narrow range of internal matters.22 Not only these functional groups, furthermore, but also the kinship, ethnic, and territorial solidarities noted above partake of the characteristics of corporate groups.

Weber's definition isby no means speculative; on the contrary, it makes clear the necessity of establishing empirical criteria with which to identify leadership cadres and to assess probabilities that, in certain situations, the orders of these cadres will be carried out. But "assessing probabilities" is, by and large, a task not congenial to the historian; the operation can, however, be carried out ex post facto, that is, through an analysis of what has happened. Weber's concept is'limited in other ways as well: it does not point to any useful method of eliciting the means by which the discipline has been created, nor why the leadership










should utilize this discipline in situations not pertaining directly to the internal affairs of the group. The questions, "when, to what extent, and within what limits" are explicitly left open.

It has been shown that, on a preliminary basis, the concept of

groups may well prove as useful an investigational tool for coming to an understanding (Verstehen, empirical and intuitive comprehension, in the Weberian idiom) of Spanish American social and political processes as that of "classes"--if perhaps not more so. It should be reiterated, however, that the approach is nominalist; the concept of groups is an heuristic device demanding a constant and subtle dialectic between data and the intellectual apparatus brought to bear upon the data, and is, al fin y a] cabo, an invention of the investigator's mind. On this basis, the two concepts, groups and classes, are not incompatible; their relative validity as investigational tools can be determined in either of two ways: through the discovery of data conforming to sets of criteria assented to in advance as valid criteria by other investigators in the field, or, more importantly, through evaluation of the results obtained when the tools are applied to specific congeries of data, i.e., problem areas.

For a simpler conceptualization, however, it can be noted that. a corrective has recently been proposed to the metaphor "stratified" as applied to Spanish American social structures. In a forthcoming interpretive essay, "Social Structure and Social Change in New Spain,,,23 L. N. McAlister suggests that the society of the late Colony is best characterized not--as is usually the case--as "stratified," but rather as "1conglomerate." This term again is a metaphor drawn from the earth sciences, and bears all the limitations inherent in such borrowing. Nevertheless, the










denotation, as given by Webster's Collegiate Dictionary, is very suggestive: "anything composed of heterogeneous material or elements, which in the process of combination retain their identity . . . a rock consisting of rounded and waterworn pebbles, etc., embedded in a finer cementing material; consolidated gravel." Admittedly, the metaphor is not so apt for present-day Spanish American societies as for eighteenth-century Mexico: new "materials or elements" have been added and show a propensity for displacing others; the police power of the state and--whatever weight they be given--the doctrines of "nationalism" have strengthened the cementing material and reduced the integrity of some of the components. It can be contended, nevertheless, that the metaphor "conglomerate" has been shown-albeit in a roundabout way--to be at least as serviceable for contemporary Spanish America as "1stratified'L--if not somewhat more so.

Whether one utilizes an heuristic group model in the immediate present, where it can most easily be constructed, or projects a modified version into the past as a tool in the examination of problem areas--the early years of the independence movement offer an obvious field for inquiry--there is certainly no dearth either,.of data or of points of departure. Spanish commentators, in particular, have long been aware, in an intuitive way, of the peculiarities of Hispanic socio-political structure. The political philosopher Jose Ortega y Gasset noted in 1921:

Each corporation of society lives hermetically sealed within itself. It does not feel the least curiousity toward events
in the domain of the others. . . . Spain is today 2ot so much
a nation as a series of water-tight compartments.

More recently the historian America Castro has written, in a section of The Structure of Spanish History entitled "Castes not Classes," of the









continuing refusal of Spaniards to constitute themselves in "classes" on

the West European model.25 These perceptions are, unfortunately, of little direct use to the scholar. Beneyto, however, cites a forceful contemporary account from the eighteenth century: in 1769 the Peruvian-born

administrator Pablo de Olavide wrote:

it seems that Spain is a body composed of many small bodies, detached and hostile among themselves, that mutually oppress
and despise each other and wage continual civil war. Each
province forms a body apart, only interested in its own preservation even though it be to the prejudice and ruin of the
others; each religious community, each college, each guild,
separates itself from the rest of the nation to~turn within itself. Hence it-follows that all Spain is divided into portions
and isolated bodies with special charters [fuero privativol, with distinct regimes, and even peculiar forms of dress; the
result of this segregation being that the soldier, the scholar, the teacher, the priest, the mo . . is what his profession
indicates, but never a citizen.2

Olavide's comments find a rather remarkable echo in two recent-scholarly

analyses of colonial Spanish America. Richard M. Morse, in an article entitled "Toward a Theory of Spanish American Government," writes:

The multiplicity of judicial systems underscored the static,
functionally compartmented nature of society. The fact that
they--like the several hierarchies of lay and clerical administration--constantly disputed each other's spheres of influence
only served to reaffirm the king's authority as ultimate reconciler. Nuclear elements--such as municipalities or even individual Indians--as well as highly placed officers could appeal
directly to the king, or his proxy, the Viceroy, for redress of certain grievances. The king . . . was symbolic throughout his realm as the guarantor of status. In Thomistic idiom, all parts
of society were ordered to the whole as the imperfect to the
perfect. This ordering, inherently the responsibility of the
whole multitude, devolved upon the king as a public person actingin their behalf, for the task of ordering to a given end
fell to the agent best placed and fitted for the specific
function.27

In a similar vein, Lyle N. McAister,,in the introductory chapter of The


"Fuero Militar" in New Spain, makes the following point:










Such privileged fueros or jurisdictions [as that of the
Army] were the juridical expression of a society in which the
state was regarded not as a community of citizens enjoying equal rights and responsibilities, but as a structure built of classes
and corporations, each with a unique and peculiar function to
perform. Joaquin Escriche y Marti'n notes the existence of
thirty-four privileged jurisdictions, which included those of
the military, the clergy, the corporations of merchants and the
mining industry. Each of these possessed its own tribnals
which operated outside the hierarchy of royal courts.

All of these excerpts make clear the relevance of the juridical approach to the study of prenineteenth-century Hispanic group structure; Morse's statement, in addition, indicates the probability that a close relationship between juridical and political theory will be found. The latter two.excerpts, moreover, point toward the existence in the late Colony of a very distinctive political style. In the absence of representative institutions--save, perhaps, for the cabildo, whose significance is still a matter of scholarly dispute--petitions, appeals, requests, were elevated directly from the individual or integral group to the king or the apparatus of his government; the royal dispensation flowed downward by the same route. Individual and group interests might be weighed against one another, compromises struck, accommodations reached, at the level of the Council of Indies, or the Viceregal audiencia, or the cabildo--but almost invariably on an ad hoc basis. A permanent apparatus of "interest aggregation" was not created.

The author's research into the variables impinging upon the occupation and settlement of the Buenos Aires pampa from roughly 1776 to 1852 have indicated strongly that this movement--in all its aspects, political, social, economic--can not be understood without conceding a large degree of significance to the corporate behavior of the gremio de hacendados, and










to its relations to other groups, particularly the consulado and the gauchos. Curiously enough, despite the great quantity of literature on the general topic, there apparently does not exist a discrete monographic study of the "guild of cattlemen," qua guild. Nevertheless, there is, for the entire Spanish American area, a respectable body of works on the Colonial corporations: the Church and its component groups, the military orders, the cofradias, the universities, the consulados, the mesta, the mining guild, the protomedicato, and the guilds of artisans. From these studies a rough composite of colonial group structure can be assembled. It is in more recent periods that, on several counts, the requirements for an appropriate method becomes pressing.

Many phenomena in the highly-structured societies of.twentieth-\ century Spanish America lend themselves to investigation with this approach: the corporate behavior of Church and armed forces in many contexts; the antecedents, premises, and objectives of the reforma universitaria of 1918 and thereafter; the "estatist" implications of the Mexican Constitution of 1917 and of others;29 the articulation of the Institutionalized Revolutionary Party and its predecessors into the structu.re of Mexican government; the institutionalization of functional groups through the receipt of special basic statutes or organic laws, and other recondite aspects of Hispanic law;30 the political and'social implications of entes

autonomos; the extent to which the adjective "corporatist" accurately describes Peron's "Justicialist" state;3l and so on. Information already available concerning such phenomena suggests strongly that there is a strong analogy between them and the corporations of the colonial Old Regime.










Perhaps it is soundest, methodologically, to rest content for the moment with the analogy, and to wait until a larger body of preliminary studies is at hand before considering questions of continuity. It seems indisputable, on the basis of available evidence, that by the latter half of the nineteenth century the decline into eventual extinction of the older corporate forms was everywhere almost total in the Spanish-speaking lands; the dislocations of the Wars of Independence, the "liberal" bias against such forms--verbalized and disseminated widely by the decree of the Cortes of C~diz of June 8, 1813, proclaiming freedom of occupation and industry outside the guild system--and the new economic arrangements seem indeed to have had the effect of inducing for a time a more "atomized"-though not necessarily a more "homogenized"--society than the Colony had known.32 The recrudescence of institutionalized functional groups in the twentieth century was roughly contemporaneous with the "pragmatic revolt in politics"--in the United States and Western Europe--described acutely by W. Y. Elliott in 1928;33 but--aside from the oft-cited borrowings made by Per6n from the ideology and methods of German National Socialism and Italian Fascism--few direct relationships are apparent. It may be that in N time i-t will be possible to demonstrate an intellectual continuity, a persistence of specifically Hispanic assumptions and.preconceptions concerning the proper and licit ordering of society, but much preliminary work remains to be done before such a study can be attempted. For the moment the requirement is for a method with which to begin the study and classification of the groups themselves.

Numerous such methods are available, outside the recinto of the Latin Americanists. They are the theoretical apparatuses created by several generations of European and United States investigators attempting to









deal with the same range of social phenomena as has been posited as the general subject of this inquiry: the composition and ordering of large, secondary, functional groups within the society, and their political relations to one another and to the state. What is called the "pluralist" canon is generally considered to have begun with the work of the German legal scholar Otto von Gierke in the last third of the nineteenth century; it is a loose canon, but its major practitioners have included, in Europe, F. W, Maitland, Joseph Paul-Boncour, Emile Durkheim, J. N. Fi99is, Harold Laski, the Webbs, G. D. H. Cole, A. D. Lindsay, L. T. Hobhouse, Ernest Barker, Hugo Krabbe; and in the United States, Arthur Bentley, M. P. Follett, and, in some respects, Herbert Croly and Charles Beard. Speaking particularly of the Europeans, K. C. Hsiao writes:

what is popularly known as political pluralism, or the pluralistic theory of the state, is by no means a unified and systematically developed theory. We find, instead, a group of divergent, even conflicting, tendencies in political speculation, held together by no other tie than the general agreement that the state
is to be "discredited," "particularized," and reduced from its
former height of sovereign inclusiveness to a humble position alongside of all other social institutions.34

While there is no gainsaying the enormous worth of the scholarly contributions made by many of these individuals, it must nevertheless be pointed out that the doctrines associated with their names were, in the first place, normative:

Pluralism undertakes to transform the state. . . .[It] has
both a positive and a negative side: It protests against a
theory that seems to ignore certain changed conditions in the
Western-political world; and it suggests a solution of the problems arising from these new political phenomena.35

The commitment to reform furthermore seems to have introduced certain biases into their investigations:










They showed that the state does not absorb all of the loyalties of the individual in the political community, as had been
asserted, but that many lesser associations . . also lay claim to the faith, attachment, devotion, and obedience of the individual, and that these claims are acknowledged by responsive behavior. The state, said the pluralists, is merely one association among a host of associations, both factually and rightfully;
and far from absorbing the entire allegiance of the individual,
the state must compete with conflicting group loyalties, some of them invincible. . . . The pluralists did useful work when
they evaporated the misty figment of the state which the idealists
had presented as a colossus of unity . . . having an autonomous
and independent life and existence apart from the lives and personalities of the members of the political community. But while
this spectral personality was exorcised from the state by the
pluralists, they materialized the phantasm in other bodies. ...
What was denied to the state . . . was claimed for other associations. . . . One would have thought that the arguments that
caused the rejection of the real personality of the state should
also have caused the rejection of the real personalities of other group associations. Or conversely, if the non-state associations
had real personalities, it was difficult to see why the state
should be denied one, since it was also an association.30

It needs hardly be said that the objectives of the present study are not

normative, but analytical. The preliminary data, furthermore, make it

likely that one of the major themes of the study will have to be precisely

that relationship between the state and its component groups about which

the pluralists were so unclear. That group life should be "voluntary" and

"autonomous" may be an attractive desideratum; a value-laden emphasis upon

such phenomena clearly has no place in an analytical study, particularly-as will be suggested later--a study of Spanish American societies. Any

borrowings, therefore,from the work of the pluralists will have to be on

a cautiously eclectic basis.

The considerations raised by Latham are restated by Goetz Briefs

from another point of view of which it is also necessary to take


cognizance:










Long before the concept of pluralism emerged, Catholic social thought bore a "pluralistic" character. It has always
stressed, since its beginnings, the importance of articulated multiplici.ty in the unity of society. It recognizes the diversity of social structures--each of which has an autonomous
task to perform--by analogy to the anatomical structure of the human being. . . . Despite the common stress placed on the importance of the intermediate social structures (between state
and individual) there exists a decisive difference between
Catholic social thought and the late-liberal pluralistic theory.
For Catholic social thought the crucial point is not, as it is for the latter, the diversity of social structures, but rather
the unity harmoniously embracing this diversity, and the structure, hierarchically ordered according to merit, of this unity.
Therefore it is very doubtful that it makes sense . . to
denominate Catholic social thought as "pluralism.",37

The institutions and intellectual movements of Spanish America have been

permeated since the beginnings with the postulates, categories, and content of a specifically Catholic social thought. No generalizations are

possible at present about the implications of this fact for the study at

hand; this heritage, however, is one which can be discounted only at the

investigator's peril.

The work of the Catholic "corporatist" historians of the 1930's,

it must be said, does not seem to offer much guidance. Concerning this

group R. R. Palmer states:

Many of them have been sympathetic to corporatist political
theory and correspondingly critical of the modern state and the
individualist conception of legal rights. . . . [Some of their
works have] been directed to the European Old Regime before the
French Revolution. The tendency in this case is to show the more favorable side of the Old Regime, with its freedom from
enforced authority, centralization, and all embracing sovereign
power. According to this view, social groups with different
interests or functions had rights and obligations realistically corresponding to their position. They constituted social "orders," and were represented in "estates." LIn reality," says
Professor Lousse, a leading exponent of the school, "there were no privileged orders in the sense that others were unprivileged"
. . . but he admits that some were more privileged than
others... .3










The tendentiousness of these writings--which in any case do not seem to include a comprehensive study of the Spanish Old Regime39--renders them of doubtful utility. Those works cited at the beginning of this chapter

--particularly the studies of Mexican and Guatemalan guilds by Carrera Stampa and Samayoa Guevara respectively--appear to be more neutral in their sympathies and more directly applicable as models upon which to structure further examination of the Colony.

A third major source of theoretical formulations conceivably

adaptable to the Spanish American context is the more recent body of "interest" and "pressure" group studies elaborated by United States and European scholars. The line of descent from the earlier pluralist school is direct; however, the doctrine of the so-called analytical pluralists, in Latham's words,

was, and is, hypothetical, experimental, empirical, and descriptive. The intellectual roots of analytical pluralism are deep
in the history of American thought. . . . Social inquiry [has
turned] toward process and away from static conceptualism, toward relations rather than structures, and toward consequences instead of causes. Process, relations, and consequences are not, however,
the antonyms of concepts, structures, and causes. The distinctions blur, shade, and fuse.40

The flexibility of this approach would seem to make it particularly useful as a point of departure. Because there are few precedents for a typology of Spanish American functional groups--and those, as will be shown, largely unsatisfactory--rather more attention will have to be devoted, at first, to logically anterior concepts and structures, and less to proc.esses and relations. As was noted earlier, questions of origins and causality can scarcely be considered at this time. The uses and limitations of group theory will become more. apparent during the course of the following chapter, in which a tentative conceptual scheme will be erected..









NOT ES

]Juan Beneyto, Historia social de EspaRa y de Hispanoamerica
(Madrid: Aguilar, 1961), 4-5. The major work encompassing this approach is Jaime Vicens Vives, ed., Historia social y econ6mica de Espa'a y America (4 vols.; Barcelona: Editorial Teide, 1957-1959). For other important citations see the chapter bibliographies in these two works; also the bibliographic entries in the present study under: Altamira, Beneyto, Carrera Pujal, Gonzalez Seara, Hernandez y Sanchez-Barba, Konetzke, McAlister, Maravall, Mendieta y Nuniez, Morse, Orgaz, Perpi a Rodriguez, Scott, and Verlinden.

2"Burocracia y derecho p'blico: ]a conciencia y los medios del
estado en Ia Espana moderna," Revista de Estudios Pollticos, 95 (SeptemberOctober, 1957), 15,

3Arthur P. Whitaker, "The Argentine Paradox," Annals of the American Academy of Political and Social Sciences, 334 (March, 1961), 103-112. The author of the present study was in Buenos Aires in 1956, and concurs strongly with Whitaker's conclusions.

4lbid., 107.

5George Blanksten, "Political Groups in Latin America," American Political Science Review, LII (March, 1959), 121.

6pitirim Sorokin, "Social Stratification," Theories of Society, ed. Talcott Parsons et al (2 vols.; Glencoe, Ill.: Free Press, 1961), I, 570.

7Max Weber, "Types of Social Organization," ibid., I, 226.

8See especially Juan Beneyto, "La sustitucion de los estamentos tradicionales en Espa~a y en Hispanoamerica," Estudios Americanos, XX: (July-August, 1960), 1-14; same author, "Las estructuras socialesde ]a' politica indiana," Revista de Estudios Politicos, LXV (May-June, 1959), 261-278; Mario Hern~ndez y Sanchez-Barba, "'La participaci6n del estado en la estructuraci6n de los grupos humanos en Hispano Am~rica durante el siglo XVI," Revista de Estudios Polticos, LV (November-December, 1955), 193-226; and L. N. McAlister, "Social Structure and Social Change in New Spain," to appear in Hispanic American Historical Review, XLIII (August, 1963).

9John J. Johnson, Political Change in Latin America: The Growth of the Middle Sectors (Stanford: Stanford University Press, 1958).


10Times (London) Literary Supplement, February 13, 1959, 79.









liThe remarks in this paragraph take as their point of departure the section in Parsons, op. cit., entitled "Stratification and Mobility" (I, 517-576). See especially the contributions by Marx, Goblot, Pareto, and Weber.

12Kalman H. Silvert, Review of Political Change in Latin America
____ .,by John J. Johnson, Annals of the American Academy o.f Political and Social Sciences, 321 (May, 1959), 191.

131bid., 224-229. See below, 19-21.

14Theo Crevenna, ed., Materiales para el estudio de ]a clase media en la America Latina (6 vols.; Washington: Pan-American Union, 1950-1951).

159alvador de Madariaga has recently expressed himself rousingly on the point: "It is often said that Latin America suffers from the lack of a middle class. This is not-so. One would be tempted rather to say that the very reverse is the truth, for in a certain concrete sort of way, it is rather from an excess than from a lack of a middle class that Latin American countries suffer. . . . There is too much of the idle, unproductive, or merely administrative kind of middle class; not enough, and to a disastrous degree, of the truly productive and creative kind." Latin America between the Eagle and the Bear (New York: Praeger, 1962), 4-5. Is a "middle class" still a "middle class" if it does not possess the values of a middle class as defined elsewhere?

16Earl Latham, "The Group Basis of Politics: Notes for a Theory," Political Behavior: a Reader in Theory and Research, ed. H. Eulau, S. J. Eldersfeld, M. Janowitz (Glencoe, Ill.: Free Press, 1956), 232, 234-235.

17Alfred de Grazia, "Nature and Prospects of Political Interest Groups," Annals of the American Academy of Political and Social Sciences, 319 (1958), 114.

18Loc. cit.

19See especially T. Lynn Smith, Latin American Population Studies (University of Florida Social Science Monograph, No. 8, Gainesville, Fla.: University of Florida Press, 1960), 53-70.

20Gabriel A. Almond, "rA Functional Approach to Comparative Politics," The Politics of the Developing Areas, ed. G. A. Almond and J. Coleman (Princeton: Princeton University Press, 1960), 38-45.

21Weber, loc. cit., 223-225..


527.


22George Blanksten, "Latin America," Almond and Coleman, loc. cit.,









23McAlister, Op. cit.

24joss Ortega y Gasset, Invertebrate Spain (trans]. and foreword by Mildred Adams; New York: Norton, 1937), 44.

25America Castro, The Structure of Spanish History (trans]. by Edmund L. King; Princeton: Princeton University Press, 1954), 615.

26Beneyto, "Sustitucion," 2.

27Richard M. Morse, "Toward a Theory of Spanish American Government," Journal of the History of Ideas, XV (1954), 76.

28L. N. McAlister, The "eFuroMijlitar"I n__wSpain (Gainwvil�le, Fla.: University of Florida Press, 1957), 5-6.

29Morse, loc. cit., 87. See also Jose Clemente Zamora, "New Tendencies in Latin American Constitutions," Journal of Politics, III (August, 1941), 276-296 passim.

30See Vfctor Fair~n Guillen, "El Consulado de la Lonja de Valencia y las ordenanzas de 1952 (orden de 18 de septiembre)," Revista General de Derecho, IX (1933), 130-135, for a curious parallel between medieval and modern practices in labor arbitration.

31George Blanksten, "Latin America," loc. cit., 492, characterizes
the ideology of Justicialismo as "spurious." This may be accurate as to intellectual content and the fulfillment of commitments, but the structural features introduced or contemplated cannot be dismissed so summarily.

32The evidence is perhaps clearest for Mexico. See the concluding section of Manuel Carrera Stampa, Los gremios mexicanos; la organizacion gremiol en Nueva Espa~a, 1521-1861. (Mexico: Editorial Ibero Americano de Publicaciones, 1954).

33William Yandell Elliott, The Pragmatic Revolt in Politics:
.Syndicalism, Fascism, and the Constitutional State (New York: The Macmillan Co., 1928).

34K. C. Hsiao, Political Pluralism: A Study in Contemporary Political Theory (London: Kegan Paul, Trench, Trubner & Co., Ltd., 1927),
126.

35 bid., I, vii.


36Latham,'op. cit., 233.






31


37Goetz Briefs, "Katholische Soziallehre," Staats-Lexikon, VI (1956), 295, 300.

38R. R. Palmer, The Age of the Democratic Revolution: The Challenge (Princeton: Princeton University Press, 1959), 25-29.

39See "Etat de la Question" in Emile Lousse, La societe d' ancien relim-3: organisations et reprbsentations corporatives ("Etudes presentees a la Commission Internationale pour 1'histoire des Assembles d'Etats," vol. 6; Louvain: Biblioth~que de 1-Universite, 1943).

40Latham, op. cit., 232, 234-235.













CHAPTER II


SPANISH AMERICAN INSTITUTIONALIZED FUNCTIONAL GROUPS: A TENTATIVE CLASSIFICATION SCHEME


Within certain limits, United States and European studies of "interest groups," "pressure groups," and the like, provide a useful point of departure for a typology designed for the beginning study of similar phenomena in a Spanish American context. This corpus of literature, however, has grown bewilderingly large and diffuse in recent years; any borrowings, therefore, must necessarily be selective and somewhat arbitrary. It is necessary, also, to guard against the importation into the Spanish American context of normative statements, or of generalizations raised from nonHispanic experience and applicable solely to the latter. This means, in effect, that the formulations borrowed must be at a relatively high level of abstraction, or must consist of categories of questions whose relevance is demonstrable or obvious.

The working definition given by Jean Meynaud seems appropriate:

Sociology sees in the group a factor of specific behavior, a
mechanism for the unification of [individual] conducts. It considers it an ensemble of persons united by a system of reciprocal
relations, an entity recognized as such by its own members--and generally also by the remainder of the collectivity--by virtue precisely of the particular type of behavior engendered. ...
The pressure group constitutes a variety of this general category... . . One may define it as an aggregate of individuals
who, on the basis of a community of attitudes, express demands,
formulate desires, or take positions that affect, directly or indirectly, other actors in the social life. This conception
is sufficiently broad to embrace all the types of demands susceptible of formation. It covers the desire to obtain a larger
part of the national revenue as well as the wish to put an end
to racial persecutions. Thus the interest group does not

32









necessarily have a selfish, "interested" aim, in the sense in
which the adjective connotes a concern for material advantages.1

It should be pointed out at once that Meynaud makes no effective distinction between "interest groups" and "pressure groups." There apparently does not exist, in fact, any consensus on the point, as Stanislav Ehrlich indicates:

The distinction does not seem justified, in that the choice of
a determined tactic implying pressure is influenced by many diverse factors, and in accord with the means elaborated to defend
the same cause, the same group would present itself one time as
interest group and another as pressure group. A deeper analysis
of this question would bring us to a Scholastic dispute: what
is to be understood by pressure? What is the criterion for determining whether or not an activity constitutes pressure?2

In other words, the group (with~whatever qualifying adjectives be attached) is characterized by a subjective awareness, on the part of both members and nonmembers, of the group's existence and identity; by internal patterns of. reciprocal obligations (or "discipline"); and by unique and identifiable patterns of behavior determined by the discipline. Its "interest" lies in the "community of attitudes" that engenders demands and actions ultimately affecting the interests of nonmembers. There does not seem any point to differentiation among groups on the basis of the "material" or "nonmaterial" nature of the community of interests; nor to dis.-. tinctions based on the type of tactics employed (assuming, that is, that the tactics be accepted by the community as licit.) Those groups that formulate their demands on or through the formal apparatus of government can properly be designated as political groups.3

It is not possible, moreover, to rest content with the simple assertion, which seems implicit in Meynaud, that only those groyps that are organized are the proper subject of the investigator's attention. 'Clearly









enough, only organized groups are able, at any given point in time, to take action in defense or advancement of their interests; nevertheless, as Truman says:

Although no group that makes claims on other groups in the society will be found without an interest or interests, it is possible to examine interests that are not at a particular point in time the basis of interactions among individuals, but that may
become such. . . . A "becoming" stage of activity must be recognized as a phase of activity if any.segment of amoving social
situation is to be understood."

For the historian of Spanish America, the search of such groups as agrarian and industrial workers for leadership, ideology, and governmental recognition, and the efforts of pre-existing groups to aid or hinder, deflect or capture these organizational measures, are recurring-themes. It is not, however, possible to deal schematically with this "becoming" stage, beyond. pointing out the probable processes that such organization will follow.

Other requirements that such a typology must meet can best be indicated by a review of three applications to the group phenomena of the area of conceptualizations derived from non-Spanish American experience. The first is included within the essay on "Latin America" by George Blanksten, which forms part of the collection The Politics of the Developing Areas edited by Gabriel A. Almond and James S. Coleman.5 Blanksten sees more, or less clearly the need to modify the investigational categories proposed in Almond's theoretical essay, as when he writes: "In traditional Latin American society there is a tendency for each interest group--often with little voice--to fend for itself.r6 And:

In the politics of the United States and of the Uni-ted Kingdom,
it is possible to draw a sharp distinction between political
parties and political interest groups. In those "Western" countries, "political parties tend to be free of ideological rigidity, and are aggregative, that is, seek to form the largest










possible interest group coalitions by offering acceptable choices
of political personnel and public policy." . . . In Latin
America . . . this differentiation of functions cannot be drawn
quite so sharply. . . . In Latin America the functional line between parties and interest groups is hardly recognized, let alone
observed.7

Nevertheless, when he comes to consider the "interests" themselves, Blanksen makes use of the fourfold classification scheme set up by Almond--"institutional interest groups," "nonassociational interests," "associational interest groups," and "anomic movements." Under the first heading are set the Roman Catholic Church, the armed forces, and the bureaucracy; under the second the author considers those groups discussed in the first chapter of this study as manifestations of "class," "ethnic," "kinship," and "locality" solidarities. "Associational interest groups" may include, in Blanksen's view, associations of landowners, labor organizations, foreign companies, student associations, professional associations, and business groups. The treatment is summary, and one wonders about the relevance of the author's concluding remarks on the absence of organized veterans' groups similar to those that have played significant roles in the United States political process since the Civil War. Finally, "anomic movements" are said to comprise "revolutions" (perhaps better described as coups d'Stat), demonstrations, riots, mob action, and political assassination; the author makes the point that the first two of these phenomena are felt, so long as extensive violence is avoided, to be within--or at least not without--"the rules of the game.'8 This treatment of the "interest articulation function" in Latin America ends with the somewhat gratuitous admonition to avoid the tagging of interest groups with ideological labels-[radical" or "conservative"--and the search for coalitions among groups with analogous ideological orientations.9









Kalman H. Silvert, in The Conflict Society: Reaction and Revolution in Latin America, attempts to develop the topic further. Under the rubric "Pressure Groups" Silvert begins his discussion by writing:

Interest or pressure groups are few in Latin America. Where caudillistic one-party rule holds sway, there is insufficient complication to give much room to variegated pressure groups.
And where multi-party systems operate, except in the most developed countries, the parties represent small middle and upper
groups and s eak in the name of the economic interests
themselves./u

The conceptual confusion in this single paragraph is quite marked. "Caudillistic one-party rule" is apparently equivalent to despotic or nonrepresentative government, so that the "complication" found "insufficient" must refer to political diversification or pluralism. This is a tautology with which one may agree. It does not follow, however, that "variegated" interests may not exist, nor, even, that they may not be organized, but merely that they are effectively denied institutionalized channels through which their demands may be formulated, aggregated, and acted upon. As was noted in the previous chapter, the "variegation," the absolute number, of interest groups within a given social structure seems to be much more a function of its economic and occupational diversification, than of any peculiarities of its formal political apparatus. As another critic of the. work has noted: "Silvert states that interest or pressure groups are few, but refers to the influence and pressure of the military, the Church, landowners, labor unions, coffee-growers, students, political parties [presumably those speaking 'in the name of the economic interests themselves'] and others.11 The point is, of course--to take an extreme hypothetical case-it would be absurd to seek an Electronic Industry Trade Association and an










Association of Electronic Engineers in a nation in which no electronic industry exists.

Aside from the patent scarcity of preliminary monographic studies, the major difficulty confronting both authors seems to have been conceptual. For the purposes of this work the problems can best be isolated in the essay by Almond, already cited, which Blanksten (overtly) and Silvert (apparently) took as a point of departure. Almond begins by positing, for the comparative study of political systems, a "universality of political structure"and a "universality of political function" --everv political system, that is, comprises a number of organs performing, often in a "multifunctional" way, a discrete number of functions that are classifiable at a high level of abstraction. The author then erects a conceptual framework in which four political activities--political socialization and recruitment, interest articulation, interest aggregation, and political communication--are set under the rubric "Input Functions"; and three--rulemaking, rule-application, and rule-adjudication--under "Output Functions." There can be no doubt that Almond's formulations point to significant investigations that might be undertaken by Latin Americanists.12

For the problem at hand, however, a distortion may well have been introduced. As has been noted above, Almond subdivides the "interest articulation function" by hypothesizing four categories of groups performing this function; and one wonders whether one of the distinctions made--that between "institutional" interest groups and "associational" interest groups--is entirely valid for the Spanish American context. "By institutional interest groups we have in mind phenomena occurring within such









organizations as legislatures, political executives, armies, bureaucracies,, churches, and the like," writes the author,

these are organiZations which perform other social or political
functions but which, as corporate bodies or through groups
within them (such as legislative blocs, officer cliques, higher or lower clergy or religious orders, departments, skill groups, ar: ideological cliques in bureaucracies), may articulate their
own interests or represent the interests of groups in the
society. 13

"Associational interest groups," on the other hand,

are the specialized structures of interest articulation--trade unions, organizations of businessmen or Industrialists, ethnic
'associations, associations organized by religious denominations,
civic groups, and the like. Their particular characteristics are explicit representation of the interests of a particular
group, orderly procedures for the formulation of demands, and
transmission of these demands to other political structures
such as political parties, legislatures, bureaucracies.14

Even in the definition, the difference between the two categories is far from clear. It should be pointed out that the author is using "institutionalized" in a somewhat unusual sense; more commonly the term, when used in reference to groups, indicates "a relatively high degree of stability, uniformity, formality, and generality" which maximizes the probability of "an equilibrium among the interactions of the participants" and hence of the group's permanence in time.15 In this sense, groups in Almond's "!associational" category may be as stable and durable as those in his "institutionalized" category.. The definition of the latter, however, departs from the accepted understanding of the term in two significant ways. In the first place, it comprises only those organizations embedded within the apparatus -of government .(legislatures, executives, bureaucracies) or those directly articulated to it (armed forces, established church).. In the second place, these are characterized as organizationss









which perform other social or political functions." "Associational" groups are thus defined negatively: they are not related directly to the polity (for they'must irtransmit" their demands), and they apparently do not perform other social or political functions.

The distinction is patently untenable for the Spanish American

context. Leaving to one side for the moment the question of the relationship of groups to the polity, it may be said in regard to the second point that it is the society which determines whether a particular group-:is to be considered socially and politically functional--whether, that is, the activity of the group is considered permissible or essential within the norms of the society and given the ends that the society has set itself. Thus a definition of "functional group" based in societally-derived sanctions begins to emerge. Again, however, this is not the common usage. "Functional group" more generally is taken to mean a group organized so as most efficiently to perform its assigned duty or attain its received end--totally irrespective of whether that duty or end is sanctioned. By Almond's value-related definition, therefore, the national universities of Spanish America, as well.as a broad range of other organizations, can be considered "institutionalized functional groups." By the analytic definition, however, the Communist Party or an organization actively propagandizing for birth control would also have to be considered "institutionalized functional groups." Because of its more common currency, the analytic definition will be retained here. The question of societal values

can then be taken into account by adding the adjectives rsanctioned" or "nonsanctioned," determined empirically on the basis of the recognition-especially juridical--granted the group.









As it is obvious, however, that many group phenomena--from the small owner-operated factory to the national army--possess sanction, further tests are necessary. One very relevant to the Spanish American context can be developed by referring again to the question implicitly posed by Almond of the group's relation to the apparatus of government. The requisite terminology can be found in Weber, in the form of ideal polar types. 16 Is the group more "heteronomous" or more "autonomous" -that is, is the group's "constitution" (see Chapter 1) the work of its members, or has it been derived from or imposed by government? And is it more "heterocephalous" or more "autocephalous"--do government functionaries serve as all or part of the leadership cadre, or has the latter been raised, by whatever process, from the membership itself?

Using these concepts, a pattern begins to reveal itself among many of the major sanctioned groups of Spanish America: they are highly or moderately heteronomous but moderately autocephalous; that is, the overt relation to government is close, but some degree of self-governance has been retained. The national universities offer perhaps the clearest example. Their organizational features are familiar to all investigators of the area: the basic legal statute of the university; the autonomous or. quasi-autonomous fiscal and administrative status; the concept that the university is under the direct patronato of the President of the Republic (as in Chile); the direct subvention of the official student organization, in which, membership is obligatory and which is empowered to issue carnets materially advantaging the individual student; the regulations emanating from government (the Ministry of Education) permitting student election of professors and--at times--rectors, and allowing student participation in










the governance of the university's internal affairs; the right of sanctuary, which hinders the access of local or provincial police to the university's grounds; the monopoly of the granting of degrees in certain professional fields.17

This last characteristic suggests that the "free" professions-law, medicine, engineering, architecture--share the same sort of sanction as the universities in which they are taught. They are heteronomous to the degree in which their professional associations are institutionalized by basic statute, and membership made obligatory.18

The-same point might be made concerning phenomena in the economic sphere as well. The entes autonomos are by definition functional groups granted a degree of fiscal and managerial autonomy so as better to provide services deemed essential to the economic well-being of the collectivity. Such services, it should be noted, include not only those frequently found "nationalized" elsewhere--power and light, telephones and telegraph, municipal transport, the national railroad net--but also a degree of regulation of the production and marketing of basic commodities--.., the coffee "boards" and petroleum "monopolies." One might also cite in this connection the preferential and protective measures, and the frequent direct participation of public capital, in aid of the establishment of new industries required by plans for economic development. This phenomenon is, of course, world-wide in our time, and is far from peculiar to. Spanish America; it does seem, however, that the intellectual rationale and the degree and kind of recognition granted are very much of a piece with the more specifically Spanish American phenomena cited above.19










These group phenomena, as well as the armed forces, bureaucracies, established churches, and many labor syndicates of the area,20 all reveal a high degree of immediate dependence upon the apparatus of government, combined with a greater or lesser range of discretion in the governance of internal affairs. There seems, therefore, little reason to distribute them artificially into the "institutional" and "associational" categories proposed by Almond. Rather, it seems sufficient to consider them all under the head of "sanctioned institutionalized functional groups" (in the analyz;c sense noted above), and then to determine within this category the location of a particular group on the continuums "heteronomousautonomous'' and "heterocepha1ous-autocephalous." While it is impossible at this point to be dogmatic, all the preliminary evidence suggests that

--barring certain social and recreational groups (of which more below), the few "civic-type" groups of the area, and atypical situations (such as that of the Roman Catholic Church in Mexico)--the great majority of groups will be found, insofar as they are organized at all, to repeat the pattern of qualified dependence on government outlined above.

Nor should this be surprising. Almond's category of "associational interest grobps" appears to embody very definite value judgment's derived from what is taken to be the Anglo-Saxon experience and not transferable to Spanish America. In the first place, a preference seems to be expressed for the private, voluntary group as when the author writes, in the definition cited above, "their particular characteristics are explicit representation of the interests of a particular group, orderly procedures for the formulation of interests and demands, and transmission of these demands to other political structures. . . ." (Italics added.) Such a









group behaves rationally, and refrains from penetrating the governmental process itself. Whether this is a realistic generalization from the Anglo-Saxon experience, it is not in the province of the present study to judge; as a norm, however, it has no place in scholarly investigations of non-Anglo-Saxon groups.21

The same value judgment makes a gratuitous appearance in the concept of "good boundary maintenance." Almond writes that:

the more manifest, specific, general, and instrumental the
style of interest articulation, the easier it is to maintain
the boundary between the polity and the society, and the better the circulation of needs, claims, and demands from the society.in aggregable form into the political system. . . . The
structure and style of interest articulation define the pattern
of boundary maintenance between the polity and the society.22
(Italics added.)

Demands, then, should be "manifest" (openly and carefully verbalized), "specific" (directed toward limited and well-defined ends), "general" (taking into consideration the broadest interests of a sizable group), and "instrumental" (containing within themselves workable plans toward their implementation or at least a quid pro quo). Such a pattern of interest articulation permits the "better . . circulation of needs, claims, and demands fromthesociety in aggregable form into the political system." Correspondingly, "the more latent, diffuse, particularistic, and affective the pattern . . . the more difficult it is to aggregate interests and translate them into public policy.''23 Thus two alternative situations are presented, of which the first, on pragmatic grounds, is clearly preferable. "Good" or "poor" boundary maintenance, then, refers to the separa-, tion of functions, interest articulation and interest aggregation, which are theoretical categories erected by the political scientist. There is










no inherent reason to equate this heuristic dividing line with a valueladen--and in this context, unnecessary--separation between the polity (the party system and the formal apparatus of government) and the society (ideally composed of voluntary, rational, and of themselves apolitical interest groups). This point must be stressed, for, as noted, many other political scientists have accepted similar assumptions.

It is probably true, as Blanksten indicates in the statement cited above, that in general Spanish American patterns of interest articulation exhibit the less desirable set of characteristics. There seems to exist, furthermore, as has been shown in passing, a decisive interpenetration of polity and society, a fusion at many points of the governmental apparatus and the organized interests of society; this interpenetration is apparently held, moreover, to be quite legitimate. It does not follow in simplistic fashion, however, that the latter is the cause of the former; the problems of political disorder, paralysis, and fragmentation are obviously far more complex. That this is so is indicated clearly by the example of the Mexican political system, a system in which--as will be shown in greater detail below--a conscious positive value seems to attach to such interpenetration, but one which is nevertheless, by common consent, viable.

The third application of interest-group theory to a Spanish American context is that of the Argentine legal scholar, Segundo V. Linares Quintana. It forms the concluding section of the seventh volume of Linares' Tratado de ]a ciencia del derecho constitucional arqentino y 2omparado.24 The author begins his discussion with a capable review of










pertinent literature, using especially materials developed at the International Congress of Political Science held at Rome in 1958. When, however, he comes to apply this theory to Argentine phenomena, he seems to

have found little basis of choice among the several classification systems:

Following the ideas expressed by other authors, Cavalcanti classifies pressure groups in the following categories: (1) industry,
commerce, and agriculture; (2) labor; (3) professionals; (4)
civic; (5) social; (6) religious; (7) recreational; (8) educational and cultural. . .. Applying this classification to our
,country, some pressure groups might be mentioned by way of illustration. In the category of industry, commerce, and agriculture,
dne would have to include the Argentine Industrial Union, the Argentine Chamber of Commerce, the Rural Society. In that of labor, the syndicates and, most important, the General Confederation of Labor. In the professional sector, the College of Lawyers, the Association of Lawyers, the Argentine Engineers'' Centre, and many other associations. Among social groups, the
Jockey Club, the Armed Forces Circle, the Rotary Club. Among
religious associations, Argentine Catholic Action and the Salvation Army. Among the recreational, the sport clubs. And among
the educational and cultural, the Academies of Law, Medicine,
etc. It must be pointed out that some of these entities extend
their action into more than one of the indicated sectors.25

It is patent that the wrong questions have been asked, for it is

difficul.t to see how this distributory classification--or any similar one

--could lead to a realistic analysis of the Argentine-political process.

Linares himself. is aware of this when he notes that the activities of many

of the identified groups overlap the a priori categories. It is questionable, therefore, whether such a distributive scheme would contribute to

the usefulness of a provisional classification. Alfred de Grazia makes

the point succinctly:

An interest group tends to originate wherever political relevance
affects an aggregate. There can be little theoretical value,
therefore, in the endless enumeration and description of interest groups divided by subject matter. Probably the key idea implicit in the common functional classification is that certain functional
categories of society hold great power.26










The present study, as was noted in the Preface, is concerned with Spanish

American groups only to the extent to which they can be shown to be the

loci of effective political power. All the preliminary evidence indicates

that the most promising avenue of investigation is through the general

cateSory that has been denominated "institutionalized functional groups,"

relatively permanent structures characterized by official sanction and by,

in most cases, a broad base of membership. Therefore the type of classification scheme employed above, in which Argentine Catholic Action and the

Salvation Army must fall under the same head because they share the attribute of being "religious associations," is of very doubtful utility.

It is also instructive, in quite another connection, to juxtapose

two other citations from Linares' work. He writes:

In the Argentine Republic, each day the notion becomes stronger
that, with the failure of the political parties to carry out a
great measure of their essential functions, they are being displaced in large part by those powerful groupings that defend
the particular interests of their members. The leaders of diverse Argentine party groupings have made known repeatedly in
recent times the loss of influence of the political parties,
who have not been able to overcome the intense crisis they were
forced to endure under the dictatorship (still not so distant in the past); they evidence today their insufficiency to aggregate and canalize the influence of the pressure groups.
Every man in the street, in present-day Argentina, knows that in the institutional dynamics, our parties weigh as little as, or less than, the unions, the trade associations, the church,
or the armed forces .... 27

The awareness of "the man in the street," however, is apparently somewhat

in advance of that of the Argentine Supreme Court; the latter wrote in an

opinion of December 5, 1958:

Aside from individuals and the State, there exists today a
third category of subjects, with or without juridical personality, only rarely known in earlier centuries: consortiums,
labor syndicates, professional associations, great corporations, which almost always accumulate an enormous material or economic










power. Often their forces are opposed to those of the State,
and it is beyond dispute That these collective entities
represent--along with the material progress of society--a new source of threat to the individual and his basic rights ....
If in the presence of these conditions of contemporary society, the judiciary were obliged to declare that there is no constitutional protection for individual rights as against these collective organizations, no one could mistake that such a declaration would be equivalent to the downfall of the great objectives
ofthe Constitution, 2nd, with it of the fundamental juridical
order of the nation.

What is curious here--aside from the shakiness of the Justices'

historical learning--is the doctrinaire emphasis on the polar extremes of socio-political organization, the individual and the state, and the unbridled hostility toward the intermediary bodies. This is the same Republic, after all, from which emerged, in 1918, the University Reform Movement whose effects throughout the entire area have been noted, and which continues to be adorned by one of the interest groups of greatest antiquity in all Spanish America, the Sociedad Rural.29 The Justices' opinion, nevertheless, must be accepted as one "official" point of view

--although perhaps not the only one--and as such calls up echos of battles fought long ago, during the Progressive Era and the New Deal, in the United States.30 The degree of "official" awareness, or of acceptance, of the relevance of intermediary bodies to the political process--to be distinguished from the piecemeal concession of sanctions to groups--might appear to be a useful category of investigation. In this respect, Argentina and Mexico (see below) seem to represent the polar extremes. It is probable, however, that at the moment only in isolated cases would sufficient evidence be at hand to permit accurate generalizations about the dominant Political and legal philosophy of the remaining Spanish American nations.










In summation, a number of points have emerged that will be taken as working principles. First of all, following Ehrlich, no distinction among groups will be, made on the basis of tactics, except in those cases in which behavior is patently "anomic," outside the "rules of the game" as defined by the society. As Blanksten notes, certain types of behavior which would probably be condemned as "anomic" elsewhere--nonviolent coups d'etat and street demonstrations short of "mob" action--seem to possess a degree of sanction in Spanis'h America. Whatever may be said about the coup d'etat, it seems clear that the street demonstration is part of the "normal" inventory of political action available to specific groups, most notably university students and "recognized" labor unions. By and large, however, whether a Spanish American group seeks satisfaction of its interest through unspectacular "orderly" procedures, or exercises heavy "pressure," seems to depend almost entirely upon factors extrinsic to the group: the viability or nonviability--inherent or temporary--of the organs of interest aggregation, the fortunes of the nation's economic life, and--a factor about which little information is in fact available--the "rules of the game" themselves.

Other exclusions seems also to be required. For the reasons given above, no distributive classification--one based in "subject matter"-would seem to be useful; nor, following Meynaud, is it desirable to attempt distinctions on the basis of the "material" or "nonmaterial" nature of the group's interest--such distinctions would probably, in any case, turn out to be much less elementary than they appear. The categories erected by Almond present rather a different problem. It has been shown that, on a preliminary basis, the study of the l6ci of power in Spanish










American socio-political structures seems to require that the two categories "-institutional interest groups" and "associational interest groups" be combined into one, "institutionalized functional groups." In this way it should prove possible to avoid the difficulties inherent in. the application of concepts subjectively weighted in favor of voluntary and private groups as against those articulated into, or dependent upon, the structure of government. Almond makes use of two further categories, both of them obviously relevant to the study of Spanish American political processes: "nonassociational interest groups" and "anomic movements." Any decision to exclude the former--the "class" or "class/status," "kinship," "ethnic," and "locality" solidarities--from a classification of Spanish American group phenomena must be on an operational basis, and in doing so the purely heuristic nature of such a classification is made nakedly plain. Nevertheless, the exclusion can be justified on two grounds:

1. The requirements of space simply do not permit a systematic consideration of them; at most their existence
must be acknowledged, and their modes of action touched
upon tangentially.
f
2. It is probable that investigators of the area already
possess much more information about these solidarities
than about the type of solidarity central to this study:
the occupational or associational group.

"Anomic movements," on the other hand, are almost by definition manifestations of random, nonclassifiable behavior. Until a more precise definition of the "rules of the game" is available it is not possible to include them in a systematic treatment.










The'classification, it seems clear, must then of necessity be noncognitive, that is, it must be designed so as to permit the ordering of the data at hand, and of data to be gathered in the future (which may well necessitate its modification); it should not, however, make use of.a priori categories--especially those transposed from dissimilar contexts--upon which to build even higherlevel generalizations. The category "institutionalized functional groups" has been generalized frQm the specific Spanish American experience so as to circumscribe those relatively durable loci of effective political power to be found in the occupational group structure of the several Spanish American societies. In doing so, the assumption is that a major step will have been taken toward identifying the constant structural factor in the recurring phenomenon of political fragmentation; this must be qualified, however, by reiterating that the other solidarities cited--class and status, the extended family, the nonwhite subculture, the patria chica--offer complementary approaches to the identification and analysis of loci of effective power.

These considerations have prompted the choice of terminology

"institutionalized functional group" in preference to "interest group" or some variant thereof. The former is connotatively neutral, whereas the latter might introduce subjective values of sufficient weight to cause distortion. The long neglected area of occupational solidarities is taken into full account, yet the concept is flexible enough to comprise groups organized for the furtherance of ideological ends










as well. But as a provisional designation it is--like all other elements of this theoretical section--subject to future modification should future investigations so demand.

To this point it has not seemed necessary to expand on the concept of "power". Obviously, however, a refined process of analysis is required if one is to determine how a major Spanish American group is able to exert its will upon the national political process. 'As will be shown, moreover, some of the points developed in this analysis will serve also toward the investigation of the logically consequent question, how is it that several such groups--should their interests prove mutually irreconcilable--can in effect go their respective ways and thus paralyze the entire political process. The investigational scheme erected by Truman is of great utility here, for it does not make use of a priori categories behind which might shelter unacknowledged value judgments. He posits that the group's access to the decision-making process will depend upon a set of variables or "factors," which he groups under three heads. Under "factors relating to the group's strategic position in the political system," he places:

1. The status or prestige of the group as conferred by the
society at large..

2. Status or prestige of the group in relation to other contending interests, and the types of behavior sanctioned it by the "rules of the game" by virtue of such status.

3. Membership of government officials in the group.

4. The usefulness of the group as a source of information
upon which to base legislative or administrative action.










The "factors associated with the internal characteristics of the-group" comprise:

1. The degree and appropriateness of organization.

2. The degree of cohesion obtainable in a given situation,
especially as against competing solidarities.

3. The skill and integrity of the leadership.

4. The group's resources in men and money.

Finally, under those "factors peculiar to the governmental structure itself," are placed:

1. The organizational form of government..

2. The informal group life of public administration and of
the dominant political parties.31

Some of Truman's variables are obviously dependent upon the

unique features of the national socio-political apparatus or upon the. specific situation, and, given the scope and purposes of the present study, cannot be considered schematically. It would be difficult, for example, to'make generalizations valid for the entire Spanish American area concerning the operational political status of specific groups within the total social context. By and large, of course, it is assumed that certain groups--landholders, the learned professions, the military--are far more prestigious than other groups--the land laborers or manual workers; it should be pointed out, however, that in certain protracted situations--stages of recent Mexican history, for example, or in Peron's Argentina--the effective political status of the latter groups has been quite at variance with their, socio-economic status-virtually in inverse proportion, in fact. The gradations of rank among the major groups, moreover, are far too subtle and vary too










greatly among the several national structures to permit a closer conceptualization; such a conceptualization would, in any case, require the consideration, as variables, of those nonassociated so-: lidarities--especially "class" and "kinship"--that have been excluded from the present 'nquiry. The most that can be said, following Truman, is that the possession of effective or operational political status will facilitate the group's access to the decision-making process. In "traditional" structures, this operational political status will coincide fairly closely to demonstrable socio-economic status; in revolutionary situations (where low status groups may be favored), or in situations of accelerated change (where industrial and entrepeneurial groups may be advantaged over "traditional" ones), this is less likely to be the case.

Similarly, the organizational form of government--i.e., the peculiarities of structure that render certain branches or departments more susceptible than others to particular varieties of pressure--is obviously also a factor that must be elucidated for the specific political system under study. Even closer empirical examination is required to determine "the usefulness of the group' as a source of information," the skill and integrity of the group leadership," and "the informal group life of the political functionaries."

On the other hand, it might be well to utilize Truman's term "strategic" in a more literal sense than he in fact does, and consider the possible consequences should the group under study "go over to the opposition," as, in highly politicized Spanish American contexts, almost any group might conceivably do. Seen in.this light, the armed










forces constitute the most strategic of groups, so long as:

1. They remain unified within each service and across
the three services.

2. They hold an effective monopoly of military force and
are not countered by worker militias, national police
forces, etc.

Other groups are inherently strategic also: the medical profession, the communications workers (particularly the railwaymen), bank employees and the like can, and do in certain circumstances, exert leverage out of all proportion to their numerical strength. But it is safe to say, in a more general sense, that given the fragility and lack of diversification of many of the national economies, numerous occupational groups may find themselves able, in the appropriate circumstances, to extract concessions for the routine performance of their function.

Aside from this general-factor of strategic position (permanent or temporary), it seems.that at most four of Truman's variables might be investigated with methods applicable to the entire Spanish American area; that is to say, it seems, in a preliminary view, that these questions should yield answers relatively constant throughout the Spanish-speaking nations. The first is a more specific point under the heading of "strategic position": if Truman's factor of 'membership of government officials in the group" is rephrased to "primary relationships between government officials and the group leadership, both parties acting ex officio," a useful category of investigation is obtained. For if the qualified dependence of groups upon government (expressed in the formula highly or moderately heteronomous. and moderately autocephalous) permits the polity a degree of control









over the group's activity, it also permits the group leadership a measure of influence in the governmental decision-making process-an influence which bypasses the standard organs of interest aggregation, the party system and the legislative branch.

The other three variables relate to the internal characteristics of the group: the degree of cohesion obtainable in a given situation;. the degree and appropriateness of organization; and the group's resources in men and money. This last factor, however, can obviously be investigated in both absolute and relative terms; it is not yet clear whether it will be more useful to determine what constitutes "appropriate" resources for the individual group, or to evaluate these resources in relation to the resources at the disposal of other groups. Therefore, both approaches will be used.

The following series of questions is designed to provide the bases for a preliminary classification scheme. It is not necessarily a cumulative series, although in the case of some groups--particularly the armed forces--it'may have that effect. The answers to the questions, and the judgments made, must be on a subjective basis; it does not seem necessary at this point to structure the scheme so as to elicit quantitative data. Where continuums are used, rankings can be made by employing the adjectives "highly ..., moderately __,moderately -, highly __," reading from right to left.

Is the group organized?

Does the group possess a leadership cadre, recognized as such; and does there exist the probability that the directives of the leadership will be carried out? Here it is possible, in the study of an entire national group structure, to take account of the potentiala"










phase indicated by Truman. Those Spanish American groups that might reasonably be expected to seek organization--agricultural and industrial workers and segments of the bureaucracy--but who have not yet achieved it, can be identified and, for the moment, set aside.

Is it political?

Are the. group's activities of a sort or of a magnitude that the probability exists that it will formulate demands on the polity, either in isolation or through the medium of aggregating groups or "tangents"? By asking this question it is possible to eliminate many varieties of social and recreational groups, although these may well serve other political functions.

Is it functionally organized?

Is the group organized so as most efficiently to perform its assigned duty or attain its received end? By definition, most occupational and associational groups are functionally organized. If the national structure is under study, however, it is necessary to determine at this point whether the group's membership is also national, and if so, whether the organization is centralized or decentralized.

Is it institutionalized?

Does the group possess patterns of reciprocal behavior tending to promote internal stability and permanence in time? It is of course precisely on this point that many of Spanish America's !,movements" have broken down; the reasons usually given--those based in Spanish "individualism" and "temperament"--are not satisfying.











Is it sanctioned?

Are the group's normal activities considered licit or desirable--that is, do they receive general social approbation and more specific forms of juridical and administrative recognition? By using the term "normal" it is possible to distinguish, for example, between routine political relations between the armed forces and the governmental apparatus, and the covert behavior of officers' cliques (the latter may be quite functional and even well institutionalized). As was noted above, several varieties of institutionalized functional groups may be nonsanctioned. Presumably, however, only sanctioned groups can be considered to possess a formal, overt relation in government. It is possible at this point, therefore, to consider the ideal types proposed by Weber.

1. Heteronomous - autonomous.

Was the group's organization originally sponsored by government, or was it the outcome of the "spontaneous"
organizing activity of individual members? Has the group
a basic legal statute? If so, do its provisions in
reality promote "institutional" stability? What is the
worth to'the membership of any privileges and special
dispensations contained in the statute? Can it.be revoked or radically altered at will of government? What other formal relations exist between the group and the
apparatus of government? (e.g., does the leadership sit
ex officio on governmental or quasi-governmental boards?)32

2. Heterocephalous - autocephalous.

.Is the group in effect self-governing, or do governmental
functionaries constitute, de facto or de iure, part of
the leadership cadre? Does the group possess its own tribunal? What is its range of jurisdiction, and its relation to the national judicial system?










Is the group strategic?

1. By virtue of the group's sensitive position within the
socio-political or economic organization of the nation?

2. By virtue of its possession of large resources of men
and money?

3. By virtue of the high operational status of the group at
large or its leadership cadre?

4. By virtue of the access obtained to the decision-making
process through the forms of group/government articulation determined under the previous heading?

In certain situations, items 3 and 4 may represent but the informal and formal sides of the same coin: in a "traditional" society, the high status of landowners or general officers may afford them informal means of access to governmental counsels equal or superior in efficacy to those possible through the formal relations of the group with the polity.

Is the group inclusive?

The concept of-the inclusive group makes it possible to take account of the problems of multiple role-playing and cross-cutting solidarities.33 The group that can command the almost undivided allegiance of its members obviously prossesses a greater potential for formulating extreme demands, and for pursuing an inflexible line in furtherance of them, than one whose membership is subjected to conflicting and divisive disciplines. The statements bf both Whitaker and Blanksten, cited earlier, indicate that some major Spanish American groups do possess this characteristic, with uncertain consequences for the viability of the national political systems of which they are components. Scott's comment on Mexican groups is also to the

po i nt:









Competing interest associations cannot easily recruit .
followers, so the individual is faced with a minimum of overlapping memberships and consequent divided loyalties. For
all of the proliferating number of interest associations springing up in Mexico as specialization increases, therefore, few
Mexicans as yet have that sense of political ambivalence which
the North American "joiner" so often feels. For the Mexican, there is only one effective group for political action, whatever it may be.34

Scott, it must be noted, attributes this phenomenon largely to the

"charismatic" quality of the leadership of many of the active groups.

There is certainly a measure of validity to this interpretation; however, "charismatic" leadership is but one of the contributory factors.

The others, moreover, are more susceptible to objective examination.

1. Is the group inclusive by virtue of its discipline?

The question here is the ability of the group to impose
its will on the individual, and the penalties for deviance.
It is therefore necessary, first of all, to determine
whether the group has been "imposed" ("oktroyiert," in Weber's cumbersome terminology) upon the individual, or
whether he may pursue his livelihood without its sanction.
The consequences of expulsion from or denial of advancement within the officer corps, the Church, the bureaucracy,
or one of the free professions would certainly be grave, especially for a "middle sector" individual exclusively
dependent upon wages for his sustenance. At a lower socioeconomic level, the advantages of tenure and seniority, as well as a range of other perquisites, would seem to enforce
a strong conformity on the union member. Further studies
are necessary, however, it can be determined how such discipline is emergized, e.g., during elections. "Charisma-.
tic" leadership may be decisive in certain instances, but
the preconditions are certainly already present.

2.. Is the group inclusive by virtue of being life-centered?

a. Does it provide a broad range of material satisfactions?
All the available evidence suggests that the carnets
mentioned earlier are highly valuable possessions. Depending upon the resources of the group, they may afford
access to reduced rates on public transportation, to
stores, pharmacies and commissaries reserved to the
group's members, to specialized recreational facilities,









sports and social clubs, vacation resorts, sanatoria.
The family budget is markedly affected, as is, moreover, the range and character of the family's social
relationships.

b. Does it provide a broad range of psychological satisfactions? The fact that the services made available
to the individual by virtue of his group membership
may also affect his social relationships suggests
that they further strengthen his feeling of identification with the group. At the same time the number and significance of his social relationships outside the group are reduced. Co-optation (as in some officer corps) also enhances group solidarity.
Finally, it is possible to consider under this
heading those groups whose "Interest" Is a high
ideological commitment: the Communist Parties of
Spanish America are neither sanctioned nor stvategic, but they are, as noted before, institutionalized and functional, and, by the present definition,
inclusive.

Throughout, no account has been taken of "tangents"--defined

by Truman as "bridges . . uniting persons in two institutionalized

groups or subdivisions thereof."'35 The implication has been that

they are of minor significance; otherwise, the phenomenon of the inclusive group would not be so marked. It must be admitted at once,

however, that evidence on this point is extremely scant. It is, for

example, not clear whether an "imposed" trade association serves as

a tangent, or can more properly be considered the bearer of the interest itself. The bridging function is also performed in other

ways: secondarily by the mass media--most notably by periodicals

with a "class" bias--and primarily by open (nongroup-affiliated) social and recreational clubs (ranged on a carefully graduated "class"

scale in Spanish America, as elsewhere). Study of the "popular Universities" might well reveal that they serve as important tangents

between university student groups and organized labor groups. Finally,










it might also be proposed that the Spanish American extended family also serves the bridging function.

The classification scheme sketched above seems SCfficiently flexible to permit significant statements about a variety of groups. The armed forces meet all of the criteria: they'are organized, political, functionally organized, institutionalized, sanctioned, strategic (on all counts), and inclusive (on all counts). The universities are far less strategic, and somewhat less inclusive. About the other major groups fewer generalizations can be made: in the case of a bureaucracy much will depend on whether or not it has been institutionalized .(divorced from the spoils system); the political efficacy of a labor union will depend on the extent of its sanction (whether government interventors may be appointed, and in general, whether it is free from the threat of gross repression).

It would seem also that this scheme can be utilized in certai'n investigations of the near and distant past as well. The "inclusive"l category, in particular, appears applicable to studies of the urban structure of.the Colony; in this connection, for example, the functional relationship of the cofradfa.(as religious fellowship and mutual-assistance society) to the gremio becomes clear. However, adjustments would undoubtedly have to be made in the scheme, as well in conceptualizations of the other solidarities cited earlier.

For studies of present-day political behavior, the identification and classification of group types are but preliminary.steps. The inclusive group may exist as an isolated entity; whether it behaves as one in normal or abnormal political situations, however,









depends on two sets of factors extrinsic to it. One set is related to the viability of the organs of interest aggregation; the other to the type and extent of group organization throughout the entire sociopolitical structure.

An extended discussion of the interest aggregation function is beyond the scope of the present study. The point at issue is merely whether the group can obtain satisfaction of its demands through the channels that have been institutionalized by the particular political system. It is of little account whether such'interest is realized by a captive political party, or through the aggregative machinery of a broad-based pragmatic party, or--bypassing the party system and legislative bodies entirely--through the direct dispensation of the executive or the bureaucracy. So long as the demands can be met (and so long as other groups are not thereby disadvantaged, generating a crisis situation) there is every reason for the group to operate within the effective system.

The second set of factors is perhaps of even greater importance. It is patent that in an; industrializing society, the number of economic activities and occupational specialties will proliferate rapidly; and even when new groups tend soon to acquire the characteristics of inclusiveness--as seems.to have happened in Mexico--it follows that the base of'resources available to each becomes progressively narrower, its strategicposition grows less sensitive. Further, with the proliferation of interests the possibilities for tactical coalitions increase as well. These conditions are in radical contrast to those in the traditional societies of Spanish. America, where the









hegemony of the "classic" interests--the triad Church-militarylandowners, the largely foreign-owned extractive and communications industries, the import-export merchants--remains relatively undisturbed.

The present-day Mexican political system offers an almost schematic example of these points. Followihg Scott, it would seem that many Mexican institutionalized functional groups are indeed highly inclusive, and much objective evidence is at hand to demonstrate how this has come about. The more or less comprehensive basic statute appears to be a common characteristic of all these groups-in this sense the famous Article 123 of the 1917 Constitution is a modern protean model. Membership, either of individuals or of subgroupings, in the institutionalized functional group is generally obligatory;36 the Law On the Professions permits a maximum of five associations within a given field, and membership, although clearly desirable, is apparently not mandatory.37 The military of course possesses its own special tribunal, while quasi-jpdicial" t-ribunals serve the civil service workers (the Tribunal of Arbitration) and' labor (the Federal and local Boards of Conciliation and Arbitration)-despite a constitutional provision to the contrary (Article 13).38 These three functional groupings, as well as the universities, are markedly "1.life-centered.,,39

However, these institutionalized functional groups are articulated directly into the structure of the institutionalized Revolutionary Party, which in turn has controlled every legislature and elected every president since its foundation in 1.928. They comprise,









as blocs, the party's three "sectors"--Farm, Labor, and Popular. These sectors--which compete among themselves for the party's share of legislative representation--are thus enabled to take more or less precise account of demands formulated from below, to aggregate them, and to come to viable accomodetions, either in informal caucus or formally in the legislature.40 Of the sectors, the Farm Sector is the least differentiated, being composed of only three groupings: the National Peasant Confederation, the Peasant Union, and the Mexican Agronomists Society. The Labor Sector and the Party Sector, however, each comprise upward of fifteen groupings; in the latter, it should be noted, are included those persons who-have entered the party as individuals--they'amounted to, in 1958, some 75,000, of a total party membership of more than 6.6 millions.41 This aggregation of diversos probably includes a relatively high proportion of military personnel; the Military Sector, designed to bring the military to formal accountability in the political arena, did not prove a success and was dissolved in 1940.42 Other major groups remaining outside this institutional structure are the Church and the newer managerial, groups; the latter also have access to the political process however, through the, formal and informal reiationships between their institutionalized (and compulsory) functional groups (the Chambers of Commerce, of Light and Heavy Industry, Associations of Employers, etc.) and party and administrative functionaries. "The cdmaras have friends at courts . . . "Writes Sbott.43

That the political potency of the single inclusive groups

has been reduced by t he"proliferation of similar groups--all becoming









increasingly specialized--is already apparent from what has been said above. This proliferation has, in fact, made it difficult at times to preserve the homogeneity of the sectors, as the number of interests within each has multiplied.44 So far, however, it has' proven possible to contain these internal struggles, and, should. the rate of economic growth remain relatively steady, there is every reason to believe that the political system will continue to evolve with it.









NOTES
]Jean Meynaud, Les groupes de pression en France (Cahiers de la Fondation Nationale des Sciences Politiques, No. 95; Paris: Librairie Armand Colin, 1958), 20-21.
2Stanislav Ehrlich, "Une contribution a ]'etude du probleme que posent les groupes d'interet," paper read before International Congress of Political Science, Rome, 1958. Cited by Segundo V. Linares Quintana, Tratado de la ciencia del derecho constitucional argentino y comparado, (7 vols.; Buenos Aires: Editorial Alfa, 1955-60) Vii, 696.
3David B. Truman, The Governmental Process: Political Interests and Public Opinion, (New York: Alfred A. Knopf, l960), 37.

41bid., 34-35.
50p.cit., 455-531.
61 bid., 477.

71bid., 501-502.
8Ibid., 496-501.

91bid., 511.

lO(New Orleans: Hauser Press, 1961), 31.
l1William F. Barber, Review of The Conflict Society: Reaction and Revolution in Latin American, by Kalman H. Silvert, Hispanic American Historical Review, XLIII (February, 1963), 114..
120p.cit., Almond's remarks on "multifunctionality" (p.17ff), on "cultural dualism" (pp. 21-22), on "industrial" versus "agrarian" norms and structures (pp. 22-23), on the relation between "modern" and "traditional" components (p. 24), and on French political culture (P. 37) may all suggest new conceptual approaches.
131bid., 33.

141bid., 34.

*15Truman, op.cit., 27-28.
16Weber, "Types -of Social Organization," 224.









17See especially Gabriel del Mazo, La reforma universitaria y la universidad latinoamericana tres conferencias y un mensaie
(Buenos Aires: Compa~Ra Editora y Distribuidora del Plata, 1957), and the compendious work of Luis Alberto Sanchez, la Universidad latinoamericana (Guatemala: Editorial Universitaria, 1949).
18Silvert, op.cit., 35, has commented upon the relationship between the universities and their dependent professional associations. See also Luis Gonz'lez Seara, "La independencia de las profesiones liberales, Revista de Estudios Politicos, No. 113-l14 (September-December, 1960), 147-158.

Juan Beneyto, "Los puntos de partida de la organizac"n polrtica-hispanoamericana," Revista de Estudios Politicos, No. 91 (January-February, 1957), 159-160. Beneyto considers the form to be very much within the Hispantc Institutional tradition. The standard work remains Alberto Demichel, Los entes autonomos: regimen iuridico de los servicios p~blicos descentralizados (Montevideo: 1924).
20See especially William V. Stokes, Latin American Politics (New York: Thomas Y. Crowell Co., 1959), 231.-260.
21Cf. de Grazia, op.cit., 114. The Frenchman Meynaud
(or.cit., 20) also postulates a high degree of rationality and democratic process in such groups.
220p.cit., 36.

23Loc.cit.

240p.cit., 675-718.

251bid. , 703-704.

260p.cit., 115.

270p.cit., 716.

281id., 698.

29Prudencio Mendoza, Historia de la ganaderla argentina (Buenos Aires: L. J. Rosso, 1928) passim. Although the present Sociedad Rural was organized only in 1863, it had been preceded by a Comision de hacendados, a Junta de hacendados, the colonial gremio de hacendados (1791-ca,1813), and by more protean forms of organized cattlemen's interest dating as far back as 1609.

30See, however, Thomas A. Cowan, "Group Interests," Virginia Law-Review, XXXXIV (April, 1958), 331-346; same author "A symposium on Group Interests and the Law," Rutgers Law Review, XIII (Spring, 1959), 429-603, and the.critique of.the latter in Karl Krastin,









"Group Interest and the Law," Journal of Legal Education, XIII (1960), *59-66. As Krastin notes, the belief that groups should be granted recognition before the law is diluted by a reluctance to do so.
3"]Truman, op.cit., 506-507.

320nly Ecuador possesses a formalized "functional" or "corporative" representation (comprising part of the Senate). Austin F. MacDonald, Latin American Politics and Government (2d ed.; New York: Thomas Y. Crowell Co., 1954), 472.
33The concept is adapted from William Kornhauser, The Politics of Mass Society (Glencoe, Ill.: The Free Press, 1959), 78-82. If Kornhauser's conceptual scheme is applied in toto to Spanish America, one would have to conclude that the area's social structure Is "communal" and "medieval." This does not seem helpful.

34Robert E. Scott, Mexican Government in Transition (Urbana: University of Illinois Press, 1959), 94.

350p.cit., 40.

36Scott, op.cit., 284; William P. Tucker, The Mexican Government Today (Minneapolis: University of Minnesota Press, 1957), 218220. All business enterprises are legally required to belong to the appropriate Chamber of Commerce or to the Chamber of the industry in which they are operating.

37Tucker, op.cit., 371.

381bid., 84

39See Scott, op.cit., 81, for the perquisites and emoluments of the federal civil service: low-cost housing, special commissary privileges, a hospital, 50 percent rebate on drugs, yearly bonuses, etc.
40-bid. 162-176. Scott uses the apt term "corporate centralism" to describe the system.
411
11bid., 165-167, for a statistical tabulation of the parties groupings..Howard F. Cline, Mexico: Revolution to Evolution (Royal Institute of International Affairs; London: Oxford University Press, 1962), 345-346, furnishes the same table, adding estimates of the sOcio-economic class levels of the party's groupings.
42Scott, op.cit., 133-134.f

431bid., 24.
441bid., 162-164, 169-170.













CHAPTER III


GROUPS AND THE STATE IN THE POLITICAL THOUGHT OF THE SIGLO DE ORO


In the preceding pages, a hitherto relatively unexplored area of Spanish American socio-poli'tical phenomena--those comprised under the unwieldy rubric "sanctioned institutionalized functional groups"-has been demarcated, and methods and terminology for its study have been proposed. Such groups, it seems likely, constitute a major variety of

social "solidarity"; moreover, as evidence from the highly "stylized" Mexican system seems to indicate, their study may offer.an important approach to the functional analysis of the political culture of the area. It is clear, however, that until a number of such studies--preferably by several hands--shall become available, the necessary evaluation and modification of methods and theoretical categories cannot take place. The present work must therefore seek yet another means with which to make the study of Spanish American group phenomena manageable.

It was suggested earlier that there exists a marked similarity,

-between many modern Spanish American "inclusive" groups and the corporations of the Old Regime, and also, possibly as a consequence, a more tenuous similarity between certain of the political processes of the two periods. It does not seem justified, however, to posit direct institutional continuity save perhaps in exceptional cases. How, then, is one to account for the seeming persistence of patterns of group behavior and Of the devices with which such behavior is.stabilized or institutionalized?

69









Many types of investigation in Latin American history turn on this question, yet there is not--and probably cannot be--any way of conceptualizing an answer applicable in all cases. As Charles Gibson writes in a forthcoming article,

a colonial institution may be consequential without being continuous[;] modern legacies of colonial institutions may appear in disguised forms. . .'. It is impossible to think of anything social or cultural that has not been modified in some degree in Latin America since the colonial period. But it is also possible to see some of these changes as superficial adjustments that
do not affect underlying uniformities, or as variations on constant themes.1

Perhaps, for the moment, it is most sensible to translate the problem into one in intellectual history--this, on the conviction that the ideas that men hold concerning the nature and ends of their society are at least as significant as, and logically anterior to, the institutions through which these ideas are objectified. That is, it seems quite permissible to hypothesize the endurance in time of certain specifically Hispanic concepts concerning the nature and function of human groups, and their articulation with the state. Since such concepts are the material of political and legal theory, the problem becomes manageable;
/
the hypothesis can be tested.

There seems no alternative but to begin at the beginning, in the sixteenth and early seventeenth centuries when the political, social, and legal institutions of the Colony came to crystallization. A number of important considerations, in fact, argue in favor of doing so. For this was the Golden Century of Spain, and in this period Spanish philosophers and publicists achieved a level of excellence quite in keeping With that of their gifted contemporaries in other fields; not until the







71


twentieth century would Spanish thinkers again attain such eminence.2 The political and legal theory of this late-Scholastic school was notably comprehensive and lucid, and as a consequence (of practical importance here) it has attracted considerable scholarly attention--at least on the part of Spanish and Continental writers.3 Moreover, the doctrines of Vitoria, Soto, Mariana, Molina, Su'rez, and the other Schoolmen were, as to essentials, in agreement; they formeda relatively homogeneous body of thought. Their dissemination, also, was uniform, throughout both the Peninsula and the New World, although--as will be noted below--there exists serious disagreement as to the extent to which they were actually emphasized in the curricula of the Hispanic universities. Finally, the close relationship between political and legal theory--for late-Scholastic doctrine was intended for translation into juridical norms--makes the work of.the Spanish late-Scholastics particularly apt for the present inquiry.

The sudden and impressive-flowering of Spanish philosophy in the sixteenth and early seventeenth centuries is generally considered to have followed directly upon the reintroduction into Spain of the Thomistic. system by the Dominican Francisco de Vitoria in the early sixteenth century, and its rapid dissemination through the new or rejuvenated Spanish universities.4 With some notable exceptions--the Erasmist Luis Vives, for example--the Spanish philosophers followed Aquinas rather closely, Maurice de Wulf writes of the

real and profound revival in Spain and Portugal during the sixteenth century, a return to the great, leading principles of
scholasticism, an intellectual awakening which bears eloquent
testimony to the vitality of its doctrines in the hands of
really capable men as distinct from petty, unenlightened









quibblers. In the midst of the barren wastes this branch was seen to blossom forth and to bear abundant fruit. There were
certain extrinsic causes, however, which militated against
the new scholasticism of. such men as Suarez and Vasquez ...
Its failure to adapt itself to contemporary forms of thought
accounts quite sufficiently for the ephemeral character of its
influence.5

For the Spanish late-Scholastics, speculations on the nature, ordering, and ends of human society were ancillary, in many cases, to the erection of larger theological systems; however, the Dominicans (Vitoria, Soto, Covarrubias, Cano) and the Jesuits (Sugrez, Molina, Vasquez, Mariana, Gregorio de Valencia) devoted much attention to specifically legal and political problems..

The high tradition did not survive the precipitate decline in the fortunes of Spanish polity during the reigns of Philip III and Philip IV. After the death of Suarez in 1617 there are but few theorists even of the second rank--Saavedra Fajardo, Tovar de Valderrama, Santa Maria. By 1650 the line had become virtually extinct, and Spanish philosophy--most especially political philosophy--was to remain quiescent for another century, until the advent of Ward, Campomanes, Jovellanos, and the other ilustrados of the time of Charles III. Roger Labrousse writes of the period 1650 to 1750: "we have made several probes [sondages] among the fifty or so Spaniards indicated [by J. B.-Gener, Theologia Donmatico-Scholastica, 17671 without encountering anything worthy of interest."'6

If, as an independent philosophical system, Spanish lateScholasticism proved "ephemeral" and was superseded to the north of the Pyrenees by Cartesianism (and in political philosophy by doctrines originating in Bodin, Hobbes and others), the question of continuing









"influences" remains rather more complicated. In the development of international law, the debt of Grotius to Vitoria and Su'rez has long been acknowledged.7 More recently, a German scholar, Ernst Reibstein, has argued cogently that certain similarities between the doctrines of the Spanish school and the proto-pluralist system of Johannes Althusius-similarities first pointed out by Gierke8--were more than apparent; that, in fact, Althusius had borrowed heavily from the Dominicans Vasquez de Menchaca and Covarrubias.9 With respect to Suarez, the Doctor Eximio, Alain Guy has written:

The influence of Suarez on his posterity was very large, but
often subterranean or sparsely cited; until the middle of the eighteenth century the Metaphysical Discussions served as the
official philosophy text in numerous universities (above all in Germany), and Protestants as well as Catholics made good
use of them as a repository of learning (a repository, however,
lacking in the contributions of the mathematical and exper.imental sciences, signposts of the modern age). It has been
established that Descartes, Leibniz, Grotius, Heerebord, Glisson, Fichte, Schelling, and Hegel drew from them.10

It is clearly unjustified, therefore, to think of the Spanish lateScholastic school as sterile, even within the context of European philosophy. Its influence in Spain's overseas dominions was still more marked.

The importance of Suarez, in particular, for the formation of a

specifically Spanish American political and legal philosophy has received much attention, of an ambiguous sort, in recent years. As long ago as 1927, it should be noted, the Guatemalan-born legal scholar Luis Recasens Siches contributed a masterful study of Sugrez' juridical thought.11 However, in 1946 an historiographic trend and a minor polemic were initiated with the publication of Manuel Gimenez Fernandez' "Doctrinas










populistas en la Independencia de Latino America." The thesis of- this work was that the ideological justification of the independence movement cannot be found in

the Rousseauian concept of the perennially-renewing Social Contract, but rather in Sugrez' doctrine of popular sovereignty, a tendency--perfectly orthodox within its voluntarist inflexion-of the Thomistic theory of Civil Power, which requires (as against
the contractualist heterodoxy) an existential articulation, so that the sovereignty delegated by the people to its legitimate
organs may [in certain circumstances] revert to the whole of the
people.12 ,, 'Thl approach (which, it must be said, lends itself to polemicizing on

the part of orthodox Catholic writers) has been developed, with varying emphasis, by others, notably Pueyrred6n,13 FuIrlong Cardiff,14 G6mez Robledo,15 Garcfa Gallo,16 the Hispanoamerican Historical Congress (Madrid, 1949),17 and Stoetzer.18 At this point, one can only agree with Charles

Griffin, who finds the thesis "strongly asserted and not lacking in plausibility," but "difficult to prove by direct evidence.'19 However, Griffin's further contention that "this version of Catholic political thought

* . . had not been generally accepted in the Spanish universities and even less by writers on Spanish or colonial law'"20 is rather more dubious. It seems to have been effectively refuted by Father Furlong's welldocumented argument that "it is very certain that no other philosopher exercised as much influence [as Sugrez] in the Rio de la Plata from the beginning of the seventeenth century until the beginning of the nineteenth,"21 and by scattered evidence from other areas of Spanish America.22 In view of the paucity of impartial studies, however, the question must remain open.









The present study is not intended to form part of the historiography outlined above. Its objective, rather, is simply to demonstrate that there existed in Spanish neo-Scholastic political theory

I.. An awareness of functional groups as constituent elements of the civil polity.

2. A requirement that they be subordinated to the supreme
public authority in a particular way.

3. A further requirement that they then be allowed to institutionalize and protect themselves, through the
sanctions of customary or positive law, so as to achieve
a degree of Immunity from the caprice of that public
authority.

These points, if they can be substantiated, neither confirm nor refute the thesis of Gimenez and his colleagues. They will merely establish the probability that a particular concept of the social and political role of human groups had been stabilized, for the entire Hispanic world, for a period of time extending, in all likelihood, until the late eighteenth century.

The writings of Suarez are of especial utility in this study.

His considerations of the nature of political society, found.chiefly in the De legibus ac Deo legislatore (1612) and Defensio fidei .... (1613),23 represent perhaps the most comprehensive and logical 1y- coherent statement of theory in the Spanish late-Scholastic canon. In these works, Su'rez succeeded Tn codifying much of the doctrine of medieval Scholasticism in such a manner that it remained a unified source of theory for later generations; in addition to the intrinsic worth of his work, that is, he fulfilled to some degree the function of a transmitter.24 Through selections from other theorists, however, it will be possible to- demonstrate









that, on the question of groups, there existed agreement among the late-Scholastics.

The medieval (including, in this context, Scholastic and lateScholastic) concept of society has frequently been characterized, especially since the late ni-neteenth century, as "organic." Superficially, there seems ample justification to do so. As Lewis writes,

the doctrine of the Church, Aristotle's emphasis on specialization of function as the essence of "the perfect community,"
and the actual stratification of medieval society all led to
the concept of society as an elaborately articulated structure in which each member had his own appropriate rights and duties, assigned him not for his own sake but for the sake of the wellbeing of the whole; and thus not necessarily equal to the
rights and duties of others; a structure unified and directed
to the common end by the supreme control of a single ruler,
whose right was similarly based on his usefulness to the common end rather than on his responsiveness to a common will.25

A number of modern commentators have, however, used these concepts as pegs on which to hang their own theses. Gierke was wont to believe that "properly medieval thought" ascribed an intrinsic value to every partial whole down to and including the individual, and felt that the "failure" of medieval thought lay in its refusal to take the logically consequent step of granting real juridical personality to intermediate groups.26 Had it done so, it would have more closely resembled Gierke's own

Genossenschaftstheorie.27 Similarly, Heinrich Rommen, departing from \ his interpretation of modern corporatism, emphasizes the analogy between the body social and the physical body of the human individual:

There was no Scholastic who did not avail himself of the organic analogy . ... The well-ordered constitution consisted
of the proper distribution of functions among the members and in the appropriate activity, strength and composition of each
member; . . . all the members were to fulfill and sustain themselves in their functions, but were never to lose sight of the advantage of the others, and were to consider an injury to one









to be an injury to all. The [juridical] norms of the proper
relationship as an organ, on the one side, and the concern for the members on the part of the supreme civil authority,
were determined and regulated through special forms of justice,
the iustitia lecalis and the iustitia distributiva. Further, the concept of the functional differentiation of the members
of the organism was carried over to social life, giving rise 28
to the necessity of occupational, corporative, differentiation.

It is quite true that this analogy was made regularly. In Thomas Aquinas

one finds, "As private individuals all men who belong to one community

are considered to be almost (quasi one body, and the whole of the community Is considered to be almost (guasi) one man."129 The use of "almost" makes clear the limited utility of the figure. In other writers

of a less subtle or more literal turn of mind, however, the analogy was

pressed much further--in the case of John of Salisbury, *to the point of

indelicacy.30 The Spanish late-Scholastics also accepted the comparison,

and--as will be shown below--made varying uses of it. It is therefore

not surprising that they included considerations of the nature and political role of groups in their systems. The formulae that emerged from

these considerations, however, were far from simple, or simplistic.

Much of the confusion created by modern commentators is the result of unclear terminology, writes Lewis:

If by an organic theory we mean a theory which emphasizes the
harmony between the individual and organized society, which sees political organization not as merely restrictive but as
positively necessary to the fulfillment of human nature; which
visualizes social bonds as deeply rooted in human need, and
not in a mere revocable and deliberate contract; which derives
all political rights not from individual rights but from common
purposes; which, from objective considerations of utility, is
led to approve an inequality of political rights and the existence of spheres of absolute and irresponsible authority--then
medieval [i.e., Scholastic] political theory was organic.31,


�On the other hand,









if by an organic theory we mean a theory which conceives that
the whole has a purpose distinct from and superior to the ends
of individuals; which construes the whole as an hierarchy of
partial groups each with its special end and with a right as a
group to realize that end; which posits an intrinsic unity of
each group like the unity of the human individual; which views the officers of the group as organs through which the unity of the whole expresses itself--then medieval political theory was
not organic.32

The "organic" concept of society set out in the first citation above could not iead to the more "modern" conclusions in the second for a number of very cogent reasons. In the first place, Scholastic and late-Scholastic thought was emphatically centered upon the individual, for only the individual was a real entity, and any group of which he formed a part was but an association of individuals.33 Hence the denomination of any collective entity, including the state, as a "fictive person.3'34 To be sure, in its consequences for social and political theory the Scholastic doctrine of individualism was far different from the modern concept, in that it emphasized the common humanity of the human person rather than his individuality. Thus his role in the political process could be deduced by the reason from the common human nature of humanity, which comprised a set of fixed postulates not subject to dispute. Nor was it necessary to endow the individual with natural political rights (save perhaps that of property) which he might of his own volition exercise. The consequence of this concept of individualism, says Lewis, was inevitably that of political order must have a paternalistic cast:., the tyrant was the ruler who disregarded, not the wishes or the rights of his individual subjects, but their interests.35

Further, even as the organs of the human body are ordered tQ the whole, the constituent functional members--groups--of the body politic









must be ordered to its entirety as imperfect to perfect, as societas imperfecta to societas perfecta. Being imperfect, they were only partial means toward the accomplishment of the ends of the individual, the economic order, or the state. Nor did the mere fact of individuals and groups living in physical juxtaposition to one another presuppose a unity of order, a harmonious common effort toward the common end; generally the reverse. Thus inherent unity must be differentiated from unity of order; the latter was the principle of political organization, organization which, once arrived at in whatever mode, monarchist, aristocratic, republican, must be maintained by the human agency or office encharged with this function, the supreme civil power.

It follows . . . that the possibility of ascribing real personality to the civil group was precluded by the very premises of medieval political thought; and that the legal personality of the group must necessarily have been placed where medieval
thinkers placed it: in the ruler, who alone could give any
sort of unit to an otherwise amorphous and discordant mass of
individuals. 6

This distinction between inherent unity and unity of order underlies Surez' concept of the Corpus mysticum politicum. It is a mystic and political body because the relationships among indivi-duals are not, as in the physical body, biological, or as in a mechanism patterned after the human body, mechanical, but moral. This is so because the constituent units of the body social are individual human beings, possessed of both reason and will. And since these relationships are moral, they are subject to normative statements, that is, the positive or customary law of the state.37 It should be noted parenthetically that on the source of

Positive law Su~rez departed from many of his great predecessors, including Vitoria: for the latter, positive law was objective, discoverable by










the reason in the nature of human relationships; Suarez, however, assigned greater scope to the will (still, however, in conjunction with and ultimately subordinate to the reason), and has therefore been considered, as in the citation from Gimenez Fernandez, a voluntarist.38

Within such limits, the Spanish late-Scholastics made use of the organic analogy according to their individual lights. In the Republica oriainal sacada del cuerpo humano of Jernimo Merola, or the recis institutione of Juan Gallego de la Serna, the usage is literal- " minded and undistinguished.39 The royal counsellor Sebastign Fox Morcillo, on the other hand, took pains to emphasize the hierarchical principle within the organism, the predominance of certain members over others. The head presides over all the body, the body over the limbs, the arms over the hands; the soul presides throughout, but is also hierarchically organized, the mind over the will, the will over the lesser faculties, etc.40

Su'rez makes limited use of the analogy. For example, in his

discussion of potestas, sovereignty, he writes that it is not only created simultaneously with the Corpus mysticum politicum, but also resides in it; the exercise of sovereignty, however, must be indivisible and vested in a single office (though not necessarily in a single individual):

the same may be asserted from the natural example of the human
body, which, lacking a head, cannot be preserved. The civil state is on the model of a complete human body: without its
diverse servants, and ders of persons consisting.of many members, it cannot exist.

A much more subtle sort of corporatism is implied in the following passage:










thus in a political body the members thereof customarily come together for moral association, not, in all the corporations,
as determined by the reason, but from natural impulses. These.
should be allowed within due measure.42

Association, that is, is a natural impulse of man, and is not always to be explained by the reason. Thus choice based on rational calculations of self-interest (including a contractual relation between people and state) is to a degree circumscribed.

In the seventeenth century the framework became less overtly

Scholastic; the language seems to reflect a more direct sociological observation. In 1626 Juan Pablo Martir Rizo wrote, in his Norte de principes, that "the republic is a body composed of several members whose diverse operations have for their object and supreme end the good government, the increase and preservation of the body of which they are the members. Consequently, this will be the just government, with supreme authority, of many families and of that which they have in common.'"43 The word "families," however, may not have retained its exclusive connotation of consanguinity; Maravall comments on the striking formulation. of Diego Tovar y Valderrama in the latter's Instituciones poltticas of 1645;

"the republic is an aggregation of many families forming a civil body with different members: a supreme power serves
them as chief, and maintains them under just government. In
this union are contained the means of preserving temporal life
and meriting eternal life." . ., . The corpus of the state-writes Maravall--is formed by other organic human groups: the
families. These are "the material or the parts of which is
formed this corpus . . . they are no longer individuals, nor
are they the families that constitute the immediate members of
the mystic body of the republic, but rather much vaster congregations of individuals characterized by diverse occupations or employments." . . . Tovar enumerates these members or estates,
which he limits to eight: the clergy, the magistracy . . . the
army, the nobility, agriculture, commerce, the liberal and










industrial professions, and above all as principal member, the
supreme power, which produces amity, unity, and obedience in the body of the state . . . giving it life as such. Without
the supreme power, the body cannot be said to be alive.4'

The apparent fusion of the concepts of family and functional group is

curious. It is frequent in Suarez as well, as will be shown.

To understand the political relationship between groups and the

state in late-Scholastic theory, it is imperative first to consider the

origins and structure of the state itself. In a complete and mutuallyreinforcing system like that of Sarez, it is difficult to locate a

point of departure; nevertheless, the following selection offers several

fundamental topics for commentary:

man is a social animal, and cherishes a natural and right desire to live in a community. In this connection, we should
recollect the principle already laid down, that human society
is twofold: imperfect, or domestic; and perfect, or political.
Of the divisions, the former is in the highest degree natural
and (so to speak) fundamental, because it arises from the fellowship of man and wife, without which the human race could
not be propagated nor preserved. . . . There arises the first
human community, which is said to be imperfect from a political standpoint. The family is perfect in'itself, however, for purposes of domestic or economic government. But this community
, . . is not self-sufficing; and therefore from the very nature
of the case, there is a further necessity among human beings
for a political community, consisting of at least a'city-state (ciuitas), and formed by the coalition of a number of families.
For no family can contain within itself all the offices and arts necessary for human life, and much less can it suffice
for attaining knowledge of all things needing [to be known].45

In the first place, the bald assertion that "man is a social animal" is of far-reaching significance. It indicates that Suarez, following Aristotle and the earlier Scholastics, accepts that social organization arises from the inherent nature of the human being; it is not merely

that man "cherishes" (appetere) the desire to live within a community,

it is a thing of necessity (natura sua postulans),46 he has no choice.










This being so, social (which becomes, in its "perfect" form, political) organization is not to be regarded as a necessity imposed by the fact of the Fall, as it was by the Augustinians and Lutherans,47 nor is it reserved to Christians. Sulrez, in fact, asserts that the impuls.es toward political organization of non-Christian peoples differ in no essential way from those of Christendom.48 The principles governing such political organization, therefore, will be those of natural law, whence is dorived directly the human, or positive, law--"law devised and established proximately by men"--that will be operative within the state, once establ i shed.49

In the family, to be sure, there has already been established a normative system, the potestas dominativa: "in a domestic community, there exists by the very nature of the case, a suitable power for the government of that community, a power residing principally in the head of the family."'50 It remains a system of private law, however, binding only within the family; there is no potestas iurisdictionis, public law, binding upon several such families.51 Furthermore, the mere multiplication of families does not of itself bring political union, for

it may be regarded simply as a kind of aggregation, without any order, or any physical or moral union. So viewed, [men]
do not constitute a unified whole, whether physical or moral,
so that they are not strictly speaking one political body, and
therefore do not need one prince, or head. Consequently, if
one regards them from this standpoint, one does not as yet conceive of the power in question as existing properly and formally;
on the contrary, it is understood to dwell in them at most as
a fundamental potentiality, so to speak.52

The difference between an aggregation of individuals and imperfect societies and the perfect, or political, society, is not one of degree, but of kind, and resides in the










special volition, or common consent, by which they are gathered together into one political body through one bond of fellowship
and for the purpose of aiding one another in the attainment of
a single political end. Thus viewed, they form a single mystical
body which, morally speaking, may be termed essentially a
unity. . . .53

The ontological argument is similar: "for in all varieties of physical or moral entities, without any union of distinct plurals there does not emerge any unity from those standing in propinquity."54

The "single political end" for which they unite, the end for

which the family or any other imperfect society is not self-sufficient, is the bonum commune, a term rendered unsatisfactorily in English by "common good" or "commonweal." Suarez cites the Thomistic doctrine "the common good is the prime measure by which the justice, utility, and convenience of the laws are judged."55 It is not, for Suarez, the eternal or temporal felicity of individuals as individuals; rather,

its end is the natural happiness of the perfect human community.
It bears the community's burdens and those of individuals, insofar as those individuals are members of the community; so
that they may naturally live in peace and justice and with the sufficiency of material goods required for the preservation of physical existence; and with that probity of custom necessary
for the external peace and happines of the state, and for the
proper protection of human nature.5O

The Corpus mysticum politicum that is the result of the political organization of men to achieve the common end, the bonum commune, is a fictive person57 with moral or institutional continuity in time.58 The term "fictive" does not prevent the state, as a moral person before the Positive law, from being held responsible for its collective acts, as in the case of an unjust war.59 At this point, one has the impression that the Corpus mysticum politicum of Suarez begins to draw remote from the individuals who comprise it, and that it begins to become in a vague way










an entity unto itself. Thus the limitations placed upon the exercise of sovereignty (see below) have the effect of setting up a series of

tensions between ruler and ruled.

The Cor7us m.sticum politicum, withal, is the civil polity, in distinction to the Corpus mysticum Ecclesiae, the Church. While the

rationale of this position may or may not have been intimately linked to the embittered religious controversies of his time,61 Suarez' argum c . f for the separation of the two bodies are logically impeccable. The two differ with respect to their origins and ends and, most important here, with respect to their material causes. It cannot be maintained

that the Church was brought into existence by the men who comprise it; however, the material cause of the Corpus mysticum politicum is the
62
peopl e.

Sovereignty (Potestas), defined as the power to make laws coupled

with the existence of individuals subject to that law,63 is created simultaneously with the Corpus mysticum politicum, and resides in the authors of the latter.

The power in question resides, by the sole force of natural law, in the whole body of mankind [collectively regarded].
0 . This power does exist in men, and it does not exist in
each individual, nor in any specific individual, . . . therefore it exists in mankind viewed collectively [so long as they
are not a mere multitude but are organized in political union].64

However, in order that such sovereignty be exerciseO, a particular organ encharged with that function must be created: "in a perfect community there must necessarily exist a power to which the government of that community pertains; this principle, indeed, would seem by its very terms to be a self-evident truth.'65- But Suarez will not accept "the opinion of










certain canonists who assert that by the very nature of the case this [legislative] power resides in some supreme prince upon whom it has been divinely conferred, and that it must always, through a process of succession continue to reside in a specific individual.,,66 "The basic reason," says Suarez, "is evident . . . the fact that in the nature of things all men were born free; so that, consequently, no person has political jurisdiction over another person . ...,67 For Sugrez, neither th argument that the legitimacy of dynasties has descended in an unbroken line from Adam,68 nor the argument that their legitimacy has on occasion been sanctioned by divine revelation69 is tenable. Therefore, while "the contention that the power under discussion comes from God as its primary and principal Author . . . is clear and beyond dispute,"'70 this power is a "natural" attribute of a perfect human community which may transfer it to another seat of authority.71 Or, turning the argument around, "such power, in the nature of things, resides immediately in the community; and therefore, in order that it may justly come to reside in a given individual, as in a sovereign prince, it must necessarily be bestowed upon him by the consent of the community."72 Again,

for this governing power, regarded from a political viewpoint
and in its essence, is undoubtedly derived from God, as I have
said; yet the fact that it resides in a particular individual
results . . . from a grant on the part of the state itself;
and therefore, in this sense, the said power pertains to human
law. Moreover, the monarchical nature of the government of
such a state or province is brought about by human disposition
* * . therefore the principate itself is derived from men. Another proof of this derivation is the fact that the power of the
king is greater or less, according to the pact or agreement between him and the kingdom; therefore, absolutely speaking, that
power is drawn from men.73










A number of points in the citation above may be elaborated upon. It is apparent that it is the usufruct of power that is alienated ("after that power has been transferred to a given individual, and even though it may pass as the result of various successions and elections into the possession of a number of individuals, the community is always regarded as its immediate possessor . . .,).74 The transfer is made to the prince or public authority not by virtue of his person but by virtue of'his offie: but once made, the transfer is absolute ("he wields thl5 power as its proper owner and as one entitled to it by virtue of his peculiar office.") .75

Furthermore, while Suarez expresses a preference for monarchy, "this whole matter turns upon human counsel and human choice'."76 Monarchy, aristocracy, and democracy, or some mixed form of two or all three of them, are conceivable.

Finally, the quasi-contractual nature of the transfer of power

from the community to the public authority is made clear in the concluding phrases of the citation; Suarez apparently leaves.open the possibility that the community may expressly reserve powers and rights unto itself. Labrousse thus interprets the transfer of power as an operation in two stages, original with Suarez: the creation of the Corpus mysticumDoliticum is a form of social contract; it is followed by a pact of subjection, the act of free men.77 Mesnard, on the other hand, finds the concept of "contract" inappropriate for Suarez' thought, as-the latter leaves little scope to the individual discretion. He writes,

there cannot exist excessive individualism in a conception that
limits the intervention of citizens to a free adhesion through
which they recognize the necessity-of political life and decide









to found a society following a structure already existing a priori. There cannot be anarchy [which Gierke had found latent in Suarez' formula] when moral agents make manifest in a
solemn act a norm inherent in their fundamental nature.78

He therefore proposes' the use of Rommen's term "consensus" ("'iJbereinkunft)79 to characterize the transfer.

The power of the public authority to enact and enforce the law is both absolute and relative. "The civi.l power is said to be supreme in its order, when in respect to the ends of the latter and in observation of its limits, it (the civil power) makes the final decisions pertaining to its sphere, that is, for the total community in which its power rests." 80 The civil power is thus supreme in its sphere (the particular community), and in its order (the political). The end of the political order is the bonum commune; therefore, the civil power is supreme in all acts tending to achieve the common good. It is limited to this order, however, and is not supreme in the individual order (vita monastica), nor in the domestic or economic order (vita domestica), except insofar as its intervention in these orders tends to promote the common good.

It is at this point that the relationship of inferior groups to the state is made explicit. The Potestas iurisdictionis of the ruler is, and must remain, indivisible. To be sure, it may freely be delegated, "for this is a matter which depends upon the free exercise of the will.",81 But it cannot be shared with lesser communities. "Lesser communities do not have the power to enact their own laws.1182 Sovereignty, the power to enact laws, is reserved utterly to the state. The group may, at best,
I
establish conventional statutes, as a matter of custom, for the governance










of internal affairs; it, like the family, may be perfect in its order, and possess a potestas dominativa. Being imperfect in relation to the Corpus mysticum politicum, it cannot Conceivably possess potestas iurisdictionis. Further, the assent of the ruler to such customary statutes is always necessary: it may be given by general proclamation, or, significantly enough, by simple tacit toleration of what has become custom.8)

Custom, for Suarez, can easily have the force of law: "the public custom . . . of any community that has the capacity of being bound by its own laws, may establish law, in so far as it rests with the community to do so [i.e., in so far as it is acting within its sphere and its order], even though it may not actually have the power of making laws.'84 Such customary law is equivalent in force to written law, or may be translated into written law. It remains in effect unless-and until it is abrogated by other written law.85

This formulation is closely related to the question of privileges. Su'rez holds that, "for the validity and essence of a law, it is. necessary only that its subject-matter be advantageous to and suitable for the common good, at the time and place involved, and with respect to the people and community in question."86 Thus, although measures affecting the welfare of individuals or groups of individuals may have been the outcome of special dispositions on the part of the civil power, they must nevertheless be permitted to stand so long as it can be shown that they redound to the common good. Suarez, however, makes a distinction between privilege and law: "with respect to these legal precepts it should also be noted that they never fall under the head of law when they relate merely to this or that individual, bit do come under that









head in so far as they deal with [all] persons of a certain condition (such as wards, soldiers, etc.), or with [all] persons of a certain origin (for example, nobles), or with [all] the successors of a given family; and in this sense they look to the common good, because of a common

participation (so to speak) in their universal effects. . . ,,87

Suarez thus places society's imperfect groupings firmly under the tutelage of the ruler, insofar as they are elements of the political system. Their "order" (in the Weberian sense) may come from below, but it requires the ruler's assent; its continued existence--formally, at least-is at his pleasure. The customary law, however, quickly makes of them intereses creados, and they are not easily to be dismantled. For, as the rationale of privilege (which, in the case of groups, is law) is its utility in the furtherance of the common good, the ruler can only abrogate privilege by demonstrating, by means of a written law, the negative proposition: that the common good is no longer served. This is, and is meant to be, immensely difficult.

The relationship of the ruler to the state as a whole is not easily defined. In one sense, the question seems irrelevant, for the

public authority is an office or organ, and as such, "the prince . is part of the republic.,'88 In this, Sua'rez is following a strong Spanish tradition.89 However, Mesnard points out the significance of the following:

once the power has been transferred to the kind, he is through
that power rendered superior even to the kingdom which bestowed it; since by this bestowal the kingdom has subjected itself and has deprived itself of its former liberty. . . . Moreover, . . .
the king cannot be deprived of this power, since he has acquired
a true ownership of it; unless perchance he lapses into tyranny, 90
on which ground the people may wage a just war against him. .. .










That the king should be at the same time an integral part of the Corpus mysticum politicum and superior to it, is, if not a simple inconsistency, another of the formulas generating a'logical tension within Suarez system.

The three major points at which limits are placed upon the sovereign power have been indicated: the restraints imposed by the requirement that the public authority be supreme only in its own order, the retraints imposed by the relative immutability of privilege and custom, and the right reserved to the people to depose the authority that-acts tyrannically. Suarez, as was customary, distinguishes between the tyrant without just title, the usurper, and he who, although holding power with just title, "nevertheless rules tyrannically in so far as concerns his use of governmental power. For, to be specific, he either turns all

things to his private advantage, or else unjustly oppresses his subjects by plunder, slaughter, corruption, or the unjust perpetration of other similar deeds, with public effect and on numerous occasions."191 In neither case, however, is the right of resistance stated. unequivocally. In the fulfillment of a series of conditions, the usurper may be deposed or killed on private authority--if no other recourse is available.92 The "grave" question of the deposition of a legitimatepublic authority who

rules tyrannically is even more difficult.

But for the present we shall assume, briefly, that this power
to depose a king may reside either in the state itself or in
the Pope, although differently in the two cases. For it resides in the state solely by way of a defense necessary'to the preservation thereof. . . . If, then, a lawful king is ruling in tyrannical fashion, and if the state finds at hand no other means
of self-defense than the expulsion and deposition of the king, the said state, acting as a whole, and in accordance with the
public and general deliberations of its communities and leading
men, may depose him.93







92


The right of resistance, that is, can be invoked only in extremis, and in a manner which, in practical terms, renders such resistance impossible.

Sugrez' theory of the state is characterized, as was said before, by a set of logical tensions or--better formulated--by antinomies only partially resolved. In the end, as Labrousse says, rationalism triumphs over voluntarism, for "it is of the nature of God that his will remains always in conformity to the dictamen of the reason that precedes it and surpasses it. @ , 9"94 Nevertheless, the impulse in Sugrez toward voluntarism has been strong. Further, although the ruler is a functional member of the state, yet he is superior-to it. The state, in turn,- is a fictive person, in accord with all Scholastic precedent; yet as a moral entity it is in important ways apart from its constituent members. It would seem that Suarez, for all his commitment to an earlier Scholasticism, could not but reflect the onrushing change in the political world of Europe.

But at the same time Su'rez has endowed his theoretical state with a remarkable stability, a capacity to resist change. On the part of the people, their privileges and institutions have been shielded by

the authority conceded to custom and the common law. On the part of the ruler, power is irrevocably his until and unless he should lapse into tyranny. Tyranny, moreover, is narrowly defined: the very existence of the state must be imperiled before the right of resistance can be invoked. And in such case, only the whole people, acting collectively, can exercise resistance (this thesis, of course, is also central to one of Lope de Vega's most enduring dramas, Fuente Oveiuna). Thus legitimacy and




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. "Los virreinatos americanos bajo los Reyes Catlicos (plane
amiento para su estudio)," Revista de Estudios Poticos, IX
(Madrid) (1952), 189-209.
Gimnez Fernndez, Manuel. "Introduccin al estudio de las instituciones
cannicas en el derecho indiano," Anuario de Estudios Americanos.
Ill (1946), 911-956.
Gngora, Mario. El estado en el derecho indiano. Epoca de fundacin
1492-1570. Santiago de Chile: Instituto de Investigaciones
H¡strico-culturales, Universidad de Chile, 1951.


72
quibblers. In the midst of the barren wastes this branch was
seen to blossom forth and to bear abundant fruit. There were
certain extrinsic causes, however, which militated against
the new scholasticism of such men as Suarez and Vasquez. . .
Its failure to adapt itself to contemporary forms of thought
accounts quite sufficiently for the ephemeral character of its
influence.5
For the Spanish late-Scholastics, speculations on the nature, ordering,
and ends of human society were ancillary, in many cases, to the erection
of larger theological systems; however, the Dominicans (Vitoria, Soto,
Covarrubias, Cano) and the Jesuits (Suarez, Molina, Vasquez, Mariana,
Gregorio de Valencia) devoted much attention to specifically legal and
political problems.
The high tradition did not survive the precipitate decline in
the fortunes of Spanish polity during the reigns of Philip 111 and
Philip IV. After the death of Suarez in 1617 there are but few theo
rists even of the second rankSaavedra Fajardo, Tovar de Valderrama,
Santa Marfa. By 1650 the line had become virtually extinct, and Span
ish philosophymost especially political philosophywas to remain qui
escent for another century, until the advent of Ward, Campomanes, Jovel-
lanos, and the other i 1ustrados of the time of Charles 111. Roger La-
brousse writes of the period 1650 to 1750: "we have made several probes
[sondaqes 1 among the fifty or so Spaniards indicated [by J. B. Gener,
Theologja Dogmatico-Scholastica. 1767] without encountering anything
worthy of interest."^
If, as an independent philosophical system, Spanish late-
Scholasticism proved "ephemeral" and was superseded to the north of the
Pyrenees by Cartesianism (and in political philosophy by doctrines orig
inating in Bodin, Hobbes and others), the question of continuing


124
Hernandez y Sanchez- Barba, Mario. "La participacin del estado en la
estructuracin de los grupos humanos en Hispano America durante
el siglo XVI," Revista de Estudios Politicos, LV, No. 84 (November-
December, 1955). 193226.
Hoffner, Joseph. Christentum and Menschenwrde: das Anliegen des
spanischen Kolonialethik im goldenen Zeitalter. Trier: Paulinus-
Verlag, 1947.
Kahle, Louis G. "The Spanish Colonial Judiciary," Southwestern Social
Science Quarterly. XXXI 1 (June, 1950, 26-37.
Konetzke, Richard. "Estado y sociedad en las Indias," Estudios Americanos.
Ill, No. 8 (January, 1951), 33-58.
. "La formacin de la nobleza en Indias," Estudios Americanos.
111, No. 10 (July, 1950, 329-360.
El imperio espaol: orgenes y fundamentos. Translated by
Felipe Gonzlez Vicen. Madrid: Editorial Nueva Epoca, 1946.
Levene, Ricardo. "El derecho consuetudinario y la doctrina de los juristas
en la formacin del derecho indiano," Hispanic American Historical >
Review. II (1920), 144-158. ^
Manzano y Manzano, Juan. Historia de las Recopilaciones de Indias. 2
vols. Madrid: Aguilar, 1950-1956.
Ots Capdequf, Jose Marfa. Estudios de historia del derecho espaol en
Indias. Bogot: Editorial Minerva, 1940.
. Manual de historia del Derecho espaol en Indias y del Derecho
propiamente indiano. 2 vols. Buenos Aires: Imprenta Lpez, 1943.
Petit Muoz, Eugenio. "Orgenes olvidados del regimen representativo en
America," Segundo Congreso Internacional de Historia de Amrica
[Buenos Aires, 1937], II, 433-447.
Sagastume Franco, Edmundo. Penetracin iurfdica de Espaa en America.
Guatemala: Universidad de San Carlos, 1950.
Snchez Bella, Ismael. "Los comentarios a las leyes de Indias," Anuario
de Historia del Derecho Espaol [Madrid], XXIV (1954), 381-541.
Shaefer, Ernst. El Consejo Real v Supremo de Indias: su historia, or
ganizacin y labor administrativa hasta la terminacin de la Casa
de Austria. 2 vols. Sevilla: Escuela de Estudios Americanos,
1935-1947.


63
hegemony of the "classic" intereststhe triad Church-military-
landowners, the largely foreign-owned extractive and communications
industries, the import-export merchantsremains relatively undis
turbed.
The present-day Mexican political system offers an almost
schematic example of these points. Following Scott, it would seem
that many Mexican institutionalized functional groups are indeed
highly inclusive, and much objective evidence is at hand to demons-
V
trate how this has come about. The more or less comprehensive basic
statute appears to be a common characteristic of all these groups
in this sense the famous Article 123 of the 1917 Constitution is a
modern protean model. Membership, either of individuals or of sub
groupings, in the institutionalized functional group is generally
obligatory;^ the Law On the Professions permits a maximum of five
associations within a given field, and membership, although clearly
desirable, is apparently not mandatory.^7 jhe military of course
possesses its own special tribunal, while quasi-judicial' tribunals
serve the civil service workers (the Tribunal of Arbitration) and' la
bor (the Federal and local Boards of Conciliation and Arbitration)
despite a constitutional provision to the contrary (Article 13).^
These three functional groupings, as well as the universities, are
markedly "life-centered."^^
However, these institutionalized functional groups are arti
culated directly into the structure of the institutionalized Revo
lutionary Party, which in turn has controlled every legislature and
elected every president since its foundation in 1-928. They comprise


29
'Hhe remarks in this paragraph take as their point of departure
the section in Parsons, op. cit., entitled "Stratification and Mobility"
(i, 517-576) See especially the contributions by Marx, Goblot, Pareto,
and Weber.
^Kalman H. Sil vert, Review of Political Change in Latin America
. . by John J. Johnson, Annals of the American Academy of Political
and Social Sciences, 321 (May, 1959) 191.
13|bid.. 224-229. See below, 19-21.
'^heo Crevenna, ed., Materiales para el estudio de la clase media
en la America Latina (6 vols.; Washington:Pan-American Union,1950-1951)
^Salvador de Madariaga has recently expressed himself rouslngly on
the point: "It is often said that Latin America suffers from the lack of a
middle class. This is not so. One would be tempted rather to say that the
very reverse is the truth, for in a certain concrete sort of way, it is
rather from an excess than from a lack of a middle class that Latin Ameri
can countries suffer. . There is too much of the idle, unproductive, or
merely administrative kind of middle class; not enough, and to a disastrous
degree, of the truly productive and creative kind." Latin America between
the Eagle and the Bear (New York: Praeger, 1962), 4-5. Is a "middle
class" still a "middle class" if it does not possess the values of a middle
class as defined elsewhere?
^Earl Latham, "The Group Basis of Politics: Notes for a Theory,"
Political Behavior: a Reader in Theory and Research, ed, H. Eu1au, S. J.
Eldersfeld, M. Janowitz (Glencoe, 111.: Free Press, 1956), 232, 234-235.
*^A1fred de Grazia, "Nature and Prospects of Political Interest
Groups," Annals of the American Academy of Political and Social Sciences,
319 (1958), 114.
^^Loc. cit. '
'^See especially T. Lynn Smith, Latin American Population Studies
(University of Florida Social Science Monograph, No. 8, Gainesville, Fla.:
University of Florida Press, I960), 53-70.
20
Gabriel A. Almond, "A Functional Approach to Comparative Poli
tics," The Politics of the Developing Areas, ed. G. A. Almond and J. Cole
man (Princeton: Princeton University Press, I960), 38-45.
21Weber, loc. cit.. 223-225.
22George Blanksten, "Latin America," Almond and Coleman, loc. cit..
1


43
group behaves rationally, and refrains from penetrating the governmental
process itself. Whether this is a realistic generalization from the
Anglo-Saxon experience, it is not in the province of the present study to
judge; as a norm, however, it has no place in scholarly investigations of
o i
non-Anglo-Saxon groups.
The same value judgment makes a gratuitous appearance in the con
cept of good boundary maintenance." Almond writes that:
the more manifest, specific, general, and instrumental the
style of interest articulation, the easier it is to maintain
the boundary between the polity and the society, and the bet
ter the circulation of needs, claims, and demands from the so
ciety, in aggregable form into the political system. . The
structure and style of interest articulation define the pattern
of boundary maintenance between the polity and the society.^
(Italics added.)
Demands, then, should be manifest" (openly and carefully verbalized),
specific" (directed toward limited and well-defined ends), general"
(taking into consideration the broadest interests of a sizable group), and
instrumental" (containing within themselves workable plans toward their
implementation or at least a qui d pro quo). Such a pattern of interest
articulation permits the better . circulation of needs, claims, and
demands from the soci ety in aggregable form into the political system."
Correspondingly, the more latent, diffuse, particularistic, and affective
the pattern . the more difficult it is to aggregate interests and
23
translate them into public policy." Thus two alternative situations are
presented, of which the first, on pragmatic grounds, is clearly prefera
ble. Good" or poor" boundary maintenance, then, refers to the separa
tion of functions, interest articulation and interest aggregation, which
are theoretical categories erected by the political scientist. There is


114
^7Sohm, op. cit.. 196.
'^Gierke, op. cit.. 615.
19lbid.. 614.
20lbid.. 617.
Loc. cit.
22Sherman, op. cit.. 11, 127-132
23ibid.. 126.
^Reproduced as Law 1, Title XIV, Book VI1 I, of the Nueva Re-
copi laci6n. and as Law 1, Title X11, Book XI1 of the Novfsima Recopilacin.
23Novsima . . 2, XU, XU.
26lbid.. 3, XII, XI I.
27lbid.. 12, XI1, XII.
28lbid.. 1, XXIII, VIII.
2^Ibid.. 13, XI I, XI I.
3lbid.. 10, XII, XII.
3^Spain (laws, statutes, etc.), Recopilacin de leves de los
reynos de las Indias, mandadas imprimir y publicar por la Magestad
catlica, del rey Don Carlos II, nuestro seor. (2a ed., 4 vols.; Madrid:
A. Balbas, 1756), Law 25, Title IV, Book I.
32lnterestingly enough, they are also cited by Juan M. Rodrigues
jJe San Miguel, Pandectas hi spano-megicanas, o sea cdigo general compren-
sjvo de las leves generales, titiles v vivas de las Siete Partidas, Re-
copilcain Novsima, la de Indias, autos y providencias conocidos por de
jjontemavor y Belea, y cdulas posteriores hasta el ao de 1820; con ex
cusin de las totalmente intiles, de las repetidas y de las expresamente .
derogadas (3 vols.; Mexico: Impreso en la oficina de Mariano Calvan
Rivera, 1839), I, 614-616.
33Recopi1 acin de leyes . de Indias . . 21, II, 11,.
341bid.. 1-2, I, II.


30
^McAlister, p. cit.
24jose Ortega y Gasset, Invertebrate Spain (trans, and foreword
by Mildred Adams; New York: Norton, 1937). 44.
^Amrica Castro, The Structure of Spanish History (trans, by Ed
mund L. King; Princeton: Princeton University Press, 1954), 615.
^Beneyto, "Sustitucin," 2.
27Richard M. Morse, "Toward a Theory of Spanish American Govern
ment," Journal of the History of Ideas, XV (1954), 76.
28l, N, McAlistr, The "Fuero_Mi l.itar1' In N_ew. Spain (Gainesville,
Fla.: University of Florida Press,1957), 5~6.
29Morse, loc. cit., 37- See also Jos Clemente Zamora, "New Tend
encies in Latin American Constitutions," Journal of Politics, 111 (August,
1941), 276-296 passim.
3^See vfctor Fairn Guillen, "El Consulado de la Lonja de Valencia
y las ordenanzas de 1952 (orden de 18 de septiembre)," Revista General de
Derecho, IX (1933), 130-135, for a curious parallel between medieval and
modern practices in labor arbitration.
3'George Blanksten, "Latin America," loc. cit., 492, characterizes
the ideology of Justicialismo as "spurious." This may be accurate as to
intellectual content and the fulfillment of commitments, but the struc
tural features introduced or contemplated cannot be dismissed so summarily
32The evidence is perhaps clearest for Mexico. See the concluding
section of Manuel Carrera Stampa, Los gremios mexicanos; la organizacin
gremlol en Nueva Espaa, 1521-1861. (Mexico: Editorial Ibero Americano
de Publicaciones, 1954). .
33w¡ll¡am Yandell Elliott, The Pragmatic Revolt in Politics:
Syndicalism, Fascism, and the Constitutional State (New York: The Mac
millan Co., 1928).
3\. C. Hs iao, Political Pluralism: A Study in Contemporary Po
litical Theory (London: Kegan Paul, Trench, Trubner & Co., Ltd., 1927),
126.- .
35 ibid., I, vi i .

^Latham, op, cit., 233*


CHAPTER IV
SOME NOTES ON THE LAW OF ASSOCIATIONS IN SPAIN
AND THE COLONY
The historians of Latin America have long been skeptical of the
validity of the juridical -approach, and with considerable reason. Espe
cially in investigations in economic history, but also in studies of the
development of Indian policy or of the effectiveness of censorship or of
the alienation of the land, the letter of Spanish layv frequently offers
little more than clues to the most vigorous types of illicit behavior be
ing carried at a particular time. This fact, together with the general
unfamiliarity of United States scholars with the Spanish variant of the
Roman Law, has resulted in a scarcity of serious, studies, in English, of
Spanish or Colonial juridical theory and practice. It might be submitted,
however, thatas Hanke and some others have seenthe failure of pos iti ve
law to check abuses in the areas noted above in no way invalidates the
general legal theory upon which such positive law was based, nor does it
lessen the possibility of working through legal theory to a closer under
standing of the intellectual and institutional history of the period under
consideration.
In particular, an examination of the role of associations in the
Spanish legal traditionthe norms governing their creation and activity
offers yet another approach to the backgrounds of modern Spanish Ameri
can institutionalized functional groups. It is, of course, an approach to
101


99
87Loc. c¡t.
68lbid..
IN,
II,
691bid..
111,
111
70ib¡d..
HI,
11 1
711bid.,
111,
111
^ 2 Ibid..
HI,
IV,
73lbld..
III,
IV,
74lbid.,
111,
IV,
75lbid..
III,
IV,
76lbid.,
III,
IV,
77Labrousse,
i
45-46.
78Mesnard, op. cit.. 590.
^Rommen, op. cit.. 114. Erroneously printed in Mesnard as
Ubereinkraft
8^Def. Fid.. Ill, VI, 2, cited by Mesnard, op. cit.. 600.
"Civilis potestas dicitur in suo ordine suprema quando in eodem et re-
spectu sui finis ad illam fit ultima resolutio in sua sphaera, seu in
tota communitate, quae illi subest.11
81De Leg.. Ill, IV, 12.
82lbid.. Ill, IX, 17, cited by Mesnard, op. cit.. 607. Minores
civitates non habere potestatem ferendi proprias leges."
830tto von Gierke, Natural Law and the Theory of Society. 1500
to 1800. with a Lecture on Natural Law and Humanity by Ernst Troeltsch.
translation by Ernest Barker of five subsections of Ds deutsche Genos-
enschaftsrecht (Boston: Beacon Press, 1957), 272-274.
84Pe Leg.. Vil, IV, 10.


TABLE OF CONTENTS
Page
PREFACE i !
Chapter
I THE PROBLEM 1
II SPANISH AMERICAN INSTITUTIONALIZED FUNCTIONAL
GROUPS: A TENTATIVE CLASSIFICATION SCHEME 32
111 GROUPS AND THE STATE IN THE POLITICAL THOUGHT
OF THE SIGLO DE ORO 69
IV SOME NOTES ON THE LAW OF ASSOCIATIONS IN
SPAIN AND THE COLONY 101
VCONCLUSIONS ¡ 116
BIBLIOGRAPHY 118
vi I i


105
commentaries of Bartolus actually enjoyed statutory authority in Spain
and Portugal.^ |t has been determined, also, that a number of the
Bolognese professors, especially among the canonists, were of Spanish
origin.'^ The influence of this newer Roman law is particularly notable
in the Siete Partidas of Alfonso X, compiled by 1265 but not promulgated
until the Ordenamiento de Alcala of 13^+8; the titles concerning con
tract, succession, and the family follow closely the work of the Glossa
tors, while the first parti da is a digest of the.Canon law pertaining to
rights and immunities of ecclesiastics, jurisdiction of ecclesiastical
courts, etc.'3 The Siete Partidas pertained, of course, only to Castile,
and even there could not, by the terms of the Ordenamiento de Alcala, su
persede local fueros.^ Further attempts, not altogether successful, were
made to fuse the Roman law with local customary law in the Ordenanzas
reales de Casti1 la (also known after their compiler as the Ordenamiento
del Doctor Montalvo) of ca. 1484, and in the Leves de Toro promulgated by
the Cortes of Toledo in 1505-^ Under Philip II, the Nueva Recopilacin
was published in 1567; subsequent revisions appeared in 1581, 1592, 1598,
1640, 1723, 1745, 1772, 1775, and 1777. After the major revision of 1805
it was known as the NovTsima Recopilacin; not until 1889, however, could
16
a unified Civil Code for all of Spain be agreed upon.
The Roman law of corporations as elaborated by the Glossators and
post-Glossators and transmitted to medieval Spain was one that had been
developed to deal with public interests:
by means of the conception of a juristic person, property der-
signed for general public objects was effectively and per
manently secured for such objects, the method being to vest
the title to the property in an ideal person in whose name
alone it could validly be dealt with. Should the law allow


52
The "factors associated with the internal characteristics
of the group" comprise:
1. The degree and appropriateness of organization.
2. The degree of cohesion obtainable in a given situation,
especially as against competing solidarities.
3. The skill and integrity of the leadership.
4. The group's resources in men and money.
Finally, under those "factors peculiar to the governmental
structure itself," are placed:
1. The organizational form of government.-
2. The informal group life of public administration and of
the dominant political parties.31
Some of Truman's variables are obviously dependent upon the
unique features of the national socio-political apparatus or upon the
specific situation, and, given the scope and purposes of the present
study, cannot be considered schematically. It would be difficult, for
example, to-make generalizations valid for the entire Spanish American
area concerning the operational political status of specific groups
within the total social context. By and large, of course, it is as
sumed that certain groupslandholders, the learned professions, the *
militaryare far more prestigious than other groupsthe land laborers
or manual workers; it should be pointed out, however, that in certain
protracted situationsstages of recent Mexican history, for example,
or in Pern's Argentinathe effective political status of the latter
groups has been quite at variance with their socio-economic status
virtually in inverse proportion, in fact. The gradations of rank a-
mong the major groups, moreover, are far too subtle and vary too


N
93
status quo may be altered, but only in the gravest of circumstances and
with the greatest formality of procedure.
Although Suarez does not treat in close detail of the organiza-'
tional form of the state, he leaves no doubt as to the political and so
cial roles of its constituent groups: politically, they are subordinate
and subject to a degree of supervision; socially, they are justified by
the function they fulfill in pursuance of the common end and as such they
may make use of the devices necessary to ensure their permanence in time.
In the next chapter, it will be shown how juridical norms took account
of these general postulates.


33
necessarily have a selfish, "interested" aim, in the sense in
which the adjective connotes a concern for material advantages.
It should be pointed out at once that Meynaud makes no effective distinc
tion between "interest groups" and "pressure groups." There apparently
does not exist, in fact, any consensus on the point, as Stanislav Ehrlich
indicates:
The distinction does not seem justified, in that the choice of
a determined tactic implying pressure is influenced by many di
verse factors, and in accord with the means elaborated to defend
the same cause, the same group would present itself one time as
interest group and another as pressure group. A deeper analysis
of this question would bring us to a Scholastic dispute: what
is to be understood by pressure? What is the criterion for de
termining whether or not an activity constitutes pressure?^
In other words, the group (with whatever qualifying adjectives be
attached) is characterized by a subjective awareness, on the part of both
members and nonmembers, of the group's existence and identity; by internal
patterns of. reciprocal obligations (or "discipline"); and by unique and
identifiable patterns of behavior determined by the discipline. Its "in
terest" lies in the "community of attitudes" that engenders demands and
actions ultimately affecting the interests of nonmembers. There does not
seem any point to differentiation among groups on the basis of the "mate
rial" or "nonmaterial" nature of the community of interests; nor to dis--
tinctions based on the type of tactics employed (assuming, that is, that
the tactics be accepted by the community as licit.) Those groups that
formulate their demands on_ or through the formal apparatus of government
can properly be designated as political groups.^
It is not possible, moreover, to rest content with the simple as
sertion, which seems implicit in Meynaud, that only those groyps that are
organized are the proper subject of the investigator's attention. Clearly


67
/see especially Gabriel del Mazo, La reforma universitaria
y la universidad latinoamericana; tres conferencias y un mensaje
(Buenos Aires: Compafa Editora y Distribuidora delPlata, 1957),
and the compendious work of Luis Alberto Sanchez, la Universidad
1 at inoameri cana (Guatemala: Editorial Universitaria, 1949).
l fi
1 Silvert, op.cit., 35, has commented upon the relationship
between the universities and their dependent professional associa
tions. See also Luis Gonzalez Seara, "La independencia de las pro
fesiones liberales, Revista de Estudios Polticos, No. 113-114
(September-December, I960), 147-158.
'^Juan Beneyto, "Los puntos de partida de la organizacin
poltica hispanoamer¡cana," Revista de Estudios Polticos, No. 91
(January-Februery, 1957), 159-160. Beneyto considers the form to be
very much within the Hispanic institutional tradition. The standard
work remains Alberto Demichel, Los entes autnomos: regimen jurdico
de los servicios pblicos descentralizados (Montevideo: 1924).
2^See especially William V. Stokes, Latin American Politics
(New York: Thomas Y. Crowell Co., 1959), 231-260.
9 1
L Cf. de Grazia, op.cit., 114. The Frenchman Meynaud
(op.cit.. 20) also postulates a high degree of rationality and de
mocratic process in such groups.
220p.ci t. 36.
Loe.cit.
240p.cit., 675-718.
2^lbid.. 703-704.
260p.cit.. 115.
2?0p.c?t.. 716. ,
28 Ibid.. 698.
^Prudencio Mendoza, Historia de la ganadera argentina (Buenos
Aires: L. J. Rosso, 1928) passim. Although the present Sociedad Rural
was organized only in 1863, it had been preceded by a Comisi on de
hacendados. a Junta de hacendados, the colonial gremio de hacendados
(1791 -ca~8l3) and by more protean forms of organized cattlemen's
interest dating as far back as 1609-
3See, however, Thomas A. Cowan, "Group Interests," Virginia
Law Review. XXXXIV (April, 1958), 331-346; same author "A symposium
on Group Interests and the Law," Rutgers Law Review, XIII (Spring,
1959), 429-603, and the critique of.the latter in Karl Krastin,


137
. "Ordine medievale e penslero politico moderno," Jus [Univer-
sita Cattolica del Sacro Cuore, Milano], VI, No. 1 (1955), 65-78.
. "Los orgenes de la teorfa del Estado en el pensamiento espaol
del siglo XVI," Revista de Estudios Polnicos, LX1I, No. 98
(March-Apri 1, 1958), 85-HO.
Sanchez Bel la, I. Genesis del estado moderno en Espaa. Pamplona:
Studium Generale, 1956.
Scorraille, Raoul de. Francois Suarez, de la Compagnie de Jesus. 2 vols.
Paris: P. Lethielleux, 1912-1913.
Scctt, James Brown. The Spanish Conception of International Law and Sanc
tions. Washington: Carnegie Endowment for International Peace,
1934.
. "Suarez and the International Community" in Francisco Suarez:
Addresses in Commemoration of his Contribution to International
Law and Politics. Washington: Catholic University of America,
1933.
Smith, T. Lynn. "Some Neglected Spanish Social Thinkers," Ameri cas. XVI1
' (July, I960), 37-52.
Solana, Marcial. Los grandes escolsticos de los siglos XVI y XVII: sus
doctrinas filosficas v su significacin en la historia de la
filosofTa.Madrid:Imprenta de la Viuda e Hijos de J. Rates,
1928.
. Historia de la filosofa espaola: poca del renacimiento. 3
vols. Madrid: Aldus, S. A., 1940.
Suarez, S. J., Francisco. Selections from Three Works (De Legibus, ac
Peo Leqislatore [1612], Defensio Fi dei Catholicae, et Apostolicae
adversus Anglicanae Sectae Errores [1613]. DeTriplici Virtute
Theologica, Fide. Spe, et Charitate [1621]). ed. by James Brown-
Scott. ("Carnegie Endowment for International Peace Division of
International.Law, Classics of International Law," No. 20.)
Washington: Carnegie Institution, 1944.
Vinas y Mey, Carmelo. "Imperio y estado en la Espaa del siglo de oro,"
Revista de la Universidad de Madrid, 1940, I, 87-112.
Vitoria, Francisco de. De Indis et de jure bel 1 is relectiones. ("Carne
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Institution, 1917.


134
Wulf, Maurice de. Philosophy and Civilization in the Middle Ages. New
York: Dover Publications, Inc., 1922.
. Scholasticism Old and New: an Introduction to Scholastic Phi
losophy. Medieval and Modern. Translated by P. Coffey. London:
Longmans, Green and Co., 1907.
Political Thought of the Golden Century
Beltran de Heredia, Vicente. Francisco de Vitoria. Barcelona: Labor,
1940.
Beneyto, Juan. "Comunidad y representacin: los cauces de la coinci
dencia y la regulacin de la discrepancia," Revista de Estudios
Poli teos. LXVII, No. 108 (November-December, 1959), 5-24.
Beuve-Mery, Hubert. La theorie des pouvoi rs publics d'aprl'S Francois de
Vi tori a. Paris: Editions du Seuil, 1928. v
Bulln y Fernandez, Eloy. El concepto de la soberana en la escuela
jurdica espaola del siglo XVI. 2a edicin. Madrid: Librera
General de V. Surez, 1936.
Carro, Venancio D. La teologa y los telogos-juristas espaoles ante la
conquista de America. 2 vols. Madrid: Cultura Hispnica, 1944.
Cepeda Adn, Jos. "Poltica y economa en el siglo XVII espaol," Studium
[Bogpta], II, No. 6 (1958), 157-168.
Colmeiro, Manuel. Historia de la economic poltica en Espaa. 2 vols.
Madrid: Imprenta de C. Lpez, 1863.
Dempf, Alois. Christiiche Staatsphilosophie in Spanien. Salzburg:
Verlag Anton.Pustet, 1937-
Elorduy, E. "Orientaciones en la interpretacin de las doctrinas jurdi
cas de Surez," Revista de Estudios Polticos. XII, No. 66
(November-December, 1952), 77110.
Fava, Bruno. Le teorie dei monatchomachi e il pensiero politico di Juan
de Mariana. Reggio Emilia: Editrice Age, 1953.
Galn y Gutierrez, Eustaquio. "Esquema h¡strico-sistemtico de la teora
de la escuela espaola del Siglo de Oro acerca de la esencia,
origen, finalidad y legitimidad titular por derecho natural del
poder public," Revista general de Legislacin y Jurisprudencia
[Madrid], XXV (1953), 57-91.
Gallegos Rocaful1, J. M. La doctrina poltica del P. Francisco Surez.
Mexico: Editorial Jus, 1950.


39
which perform other social or political functions.11 "Associational"
groups are thus defined negatively: they are not related directly to the
polity (for they must "transmit" their demands), and they apparently do
not perform other social or political functions.
The distinction is patently untenable for the Spanish American
context. Leaving to one side for the moment the question of the relation
ship of groups to the polity, it may be said in regard to the second point
that it is the societv which determines whether a particular groupis to
be considered socially and politically functional--whether, that is, the
activity of the group is considered permissible or essential within the
norms of the society and given the ends that the society has set itself.
Thus a definition of "functional group" based in societally-derived sanc
tions begins to emerge. Again, however, this is not the common usage.
"Functional group" more generally is taken to mean a group organized so
as most efficiently to perform its assigned duty or attain its received
endtotally irrespective of whether that duty or end is sanctioned. By
Almond's value-related definition, therefore, the national universities of
>
Spanish America, as wel1 as a broad range of other organizations, can be
considered "institutionalized functional groups." By the analytic defin -
tion, however, the Communist Party or an organization actively propagan
dizing for birth control would also have to be considered "institution
alized functional groups." Because of its more common currency, the ana
lytic definition will be retained here. The question of societal values
can then be taken into account by adding the adjectives "sanctioned" or
"nonsanctioned," determined empirically on the basis of the recognition
especially juridicalgranted the group.


110
I
persons of whatever estate or conditioneven for pious and
spiritual things and endssuch foundation must follow upon
our license, and the authorization of the Ecclesiastic Prelate;
and the ordinances and statutes having been made, they shall be
presented in our Royal Council of indies, so that they may be
seen in it, and what is necessary shall be done; and no use may
be made of them until this be done; and should they be confirmed
or approved, no meeting nor Cabi1 do nor Ayuntamiento shall be
held unless are present some of our Royal Ministers named by
the Viceroy, President, or Governor; the Prelate of the House
where the meeting is held shall also be present.^
It is clear, therefore, that while the concept of juridical personality
is nowhere elaborated, no corporation could legally exist, as a collegia
licita, without the approval by the magistrate of its ends and its con
stitution; nor, apparently, was there any indeterminate ground between
licit and illicit corporations. This would not come until after 1813.
The extreme disabilities placed upon association and incorpora
tion are the juridical expression of the similar formulas embedded in the
general Spanish theory of the state, as was elucidated in the previous
chapter. It is therefore important to note that the authority granted by
Suarez and his contemporaries to customary law also received juridical
sanction in the Spanish and Colonial codes. The definition of the nature
and authority of usage, custom, and fuero originated with the authors of
the Siete Parti das in the thirteenth century, and proved amazingly
durable.
Title II of the First Parti da begins:
Nothing shall impede the laws that have the force and power that
we have said, but three things. The first is usage. The second
is custom. The third is fuero. These arise one from the other,
and are of natural law in themselves . thus is born from time,
usage; and from usage, custom; and from custom, fuero.
Law 1: Usage is a thing that arises from those things that man
does and says, and continues uninterruptedly for a long time
without any impediment.


23
Perhaps it is soundest, methodologically, to rest content for the
moment with the analogy, and to wait until a larger body of preliminary
studies is at hand before considering questions of continuity. It seems
indisputable, on the basis of available evidence, that by the latter half
of the nineteenth century the decline into eventual extinction of the
older corporate forms was everywhere almost total in the Spanish-speaking
lands; the dislocations of the Wars of Independence, the "liberal" bias
against such formsverbalized and disseminated widely by the decree of the
Cortes of Cdiz of June 8, 1813, proclaiming freedom of occupation and in
dustry outside the guild systemand the new economic arrangements seem in
deed to have had the effect of inducing for a time a more "atomized"
though not necessarily a more "homogenized"society than the Colony had
known.^ The recrudescence of institutionalized functional groups in the
twentieth century was roughly contemporaneous with the "pragmatic revolt
in politics"in the United States and Western Europe--described acutely
by W. Y. Elliott in 1928;^3 butaside from the oft-cited borrowings made
by Pern from the ideology and methods of German National Socialism and
Italian Fascismfew direct relationships are apparent. It may be that in N
time it will be possible to demonstrate an intel1ectual continuity, a per
sistence of specifically Hispanic assumptions and preconceptions concerning
the proper and licit ordering of society, but much preliminary work remains
to be done before such a study can be attempted. For the moment the re
quirement is for a method with which to begin the study and classification
of the groups themselves.
Numerous such methods are available, outside the recinto of the
Latin Americanists. They are the theoretical apparatuses created by sev
eral generations of European and United States investigators attempting to


59
Competing interest associations cannot easily recruit . .
followers, so the individual is faced with a minimum of over
lapping memberships and consequent divided loyalties. For
all of the proliferating number of interest associations spring
ing up in Mexico as specialization increases, therefore, few
Mexicans as yet have that sense of political ambivalence which
the North American "joiner" so often feels. For the Mexican,
there is only one effective group for political action, what
ever it may be.3^
Scott, it must be noted, attributes this phenomenon largely to the
"charismatic" quality of the leadership of many of the active groups.
There is certainly a measure of validity to this interpretation; how
ever, "charismatic" leadership is but one of the contributory factors.
The others, moreover, are more susceptible to objective examination.
1. Is the group inclusive by virtue of its discipline?
The question here is the ability of the group to impose
its will on the individual, and the penalties for deviance.
It is therefore necessary, first of all, to determine
whether the group has been "imposed" ("oktroyiert," in We
ber's cumbersome terminology) upon the individual, or
whether he may pursue his livelihood without its sanction.
The consequences of expulsion from or denial of advance
ment within the officer corps, the Church, the bureaucracy,
or one of the free professions would certainly be grave,
especially for a "middle sector" individual exclusively
dependent upon wages for his sustenance. At a lower socio
economic level, the advantages of tenure and seniority, as
well as a range of other perquisites, would seem to enforce
a strong conformity on the union member. Further studies
are necessary, however, it can be determined how such dis
cipline is emergized, e.g. during elections. "Charisma--
tic" leadership may be decisive in certain instances, but
the preconditions are certainly already present.
2.' Is the group inclusive by virtue of being life-centered?
a. Does it provide a broad range of material satisfactions?
All the available evidence suggests that the carnets
mentioned earlier are highly valuable possessions. De
pending upon the resources of the group, they may afford
access to reduced rates on public transportation, to
stores, pharmacies and commissaries reserved to the
group's members, to specialized recreational facilities,


47
power. Often their forces are opposed to those of the State,
and it is beyond dispute that these collective entities
represent--along with the material progress of society--a new
source of threat to the individual and his basic rights. . .
If in the presence of these conditions of contemporary society,
the judiciary were obliged to declare that there is no consti
tutional protection for individual rights as against these col
lective organizations, no one could mistake that such a declara
tion would be equivalent to the downfall of the great objectives
of the Constitution, and, with it of the fundamental juridical
order of the nation.^
What is curious hereaside from the shakiness of the Justices'
historical learning--is the doctrinaire emphasis on the polar extremes of
socio-political organization, the individual and the state, and the un
bridled hostility toward the intermediary bodies. This is the same Re
public, after all, from which emerged, in 1918, the University Reform
Movement whose effects throughout the entire area have been noted, and
which continues to be adorned by one of the interest groups of greatest
antiquity in all Spanish America, the Sociedad Rural.^9 The Justices'
opinion, nevertheless, must be accepted as one "official" point of view
although perhaps not the only one--and as such calls up echos of battles
fought long ago, during the Progressive Era and the New Deal, in the
United States. The degree of "official" awareness, of of acceptance, of
the relevance of intermediary bodies to the political processto be dis
tinguished from the piecemeal concession of sanctions to groups--might ap
pear to be a useful category of investigation. In this respect, Argentina
and Mexico (see below) seem to represent the polar extremes. It is prob
able, however, that at the moment only in isolated cases would sufficient
evidence be at hand to permit accurate generalizations about the dominant
political and legal philosophy of the remaining Spanish American nations.


/
95
Luis Recasens Si ches, La filosofa del derecho de Francisco
Surez (Madrid: V. Surez, 1927). Ibid., segunda edicin corregida y
aumentada (Mexico: Editorial Jus, 1947).
'^Manuel Gimnez Fernndez, "Las doctrinas populistas en la in
dependencia de Hispanoamrica," Anuario de Estudios Americanos. Ill
(1946), 521.
^Carlos Alberto Pueyrredon, Mil ochocientos y diez: la Revolu
cin de Mayo segn amplia documentacin (Buenos Aires: Peuser, 1933).
^Guillermo Frlong Crdiff, S. J., Nacimiento y desarrollo de
la filosofa en el Ro de la Plata, 1536-1810 (Publicaciones de la Funda
cin Vitoria y Surez; Buenos Aires: Editorial Guillermo Kraft, ltda.,
1952).
^Antonio Gomez Robledo, El origen del poder publico segn Fran
cisco Surez (Mexico: 1948).
'^Alfonso Garca Gallo, "El derecho indiano y la independencia
de America," Revista de Estudios Polticos, XL, no. 60 (November-December
1951), 157-180.
^Congreso Hispanoamericano de Historia (1st, Madrid, 1949),
Causas v caracteres de la independencia hispanoamericana (Madrid: Edi
ciones Cultura Hispnica, 1953).
lO y
loCarlos Otto Stoetzer, "La influencia del pensamiento poltico
europeo en la America espaola: el escolasticismo y el perodo de la
Ilustracin," Revista de Estudios Polticos. No. 123 (May-June, 1962),
257-266.
19Charles C. Griffin, "The Enlightenment and Latin American In
dependence," in Arthur P. Whitaker, ed., Latin America and the Enlighten
ment (2d. ed.; Ithaca, N. Y.: Great Seal Books, 1961), 124.
20lbid.. 125.
2^0p. cit.. 215.
22Cf_. Jose M. Gallegos Rocafull, El pensamiento mexicano en los
siglos XVI y XVII ("Ediciones del IV Centenario de la Universidad de
Mxico," No. 7; Mexico: Centro de Estudios Filosficos, 1951), passim.
^Francisco Suarez, J. J., Selections from Three Works (De Legi-
bus, ac Deo Leg i si atore [1612], Defensio Fidei Catholicae, et Aposto!i cae
adversus Anglicanae Sectae Errores [1613], DeTriplici Virtute Theologica.


83
This being so, social (which becomes, in its "perfect" form, political)
organization is not to be regarded as a necessity imposed by the fact
of the Fall, as it was by the Augustinians and Lutherans,^ nor is it
reserved to Christians. Suarez, in fact, asserts that the impulses to
ward political organization of non-Christian peoples differ in no essen-
48
tial way from those of Christendom. The principles governing such po
litical organization, therefore, will be those of natural law, whence is
derived directly the human, or positive, law--"law devised and estab
lished proximately by men"that will be operative within the stte,
49
once established.
In the family, to be sure, there has already been established a
normative system, the potestas dominativa: "in a domestic community,
there exists by the very nature of the case, a suitable power for the
government of that community, a power residing principally in the head
of the family.It remains a system of private law, however, binding
only within the family; there is no potestas iuri sdictionis. public law,
binding upon several such families.^ Furthermore, the mere multiplica
tion of families does not Of itself bring political union, for
it may be regarded simply as a kind of aggregation, without
any order, or any physical or moral union. So viewed, [men]
do not constitute a unified whole, whether physical or moral,
so that they are not strictly speaking one political body, and
therefore do not need one prince, or head. Consequently, if
one regards them from this standpoint, one does not as yet con
ceive of the power in question as existing properly and formally;
on the contrary, it is understood to dwell in them at most as
a fundamental potentiality, so to speak.
The difference between an aggregation of individuals and imperfect soci
ales and the perfect, or political, society, is not one of degree, but
of kind, and resides in the


139
Furlong Cardiff, S. J., Guillermo. "Causas y caracteres de la inde
pendencia Hispanoamericana," Historia [Buenos Aires], l, No. 4
(1956), 25-43.
. Nacimiento y desarrollo de la filosofa en el Ro de la Plata.
Buenos Ai res: Publicaciones de la Fundacin Vitoria y Surez,
1952.
Gallegos Rocafull, J. M. El pensamiento mexicano en los siglos XVI y
XVI1. ("Ediciones del IV Centenario de la Universidad de Mxico,"
No. 7.) Mxico: Centro de Estudios Polticos, 1951.
Garca Bacca, Juan David. Antologa del pensamiento filosfico en Colom
bia. de 1647 a 1761. Bogota: Imprenta Nacional, 1955-
. Antologa del pensamiento filosfico venezolano (siglos XVI1 y
XVI I I). Caracas: Edicin del Ministerio de Educacin, Direccin
de Cultura y.Bel las Artes, 1954.
Garca Gal lo, Alfonso. "El derecho indiano y la independencia de Amrica,"
Revista de Estudios Polticos. XL, No. 60 (November-December, 1951),
157-180.
Gimnez Fernandez, Manuel. "Las doctrinas populistas en la independencia
de Hispanoamrica," Anuario de Estudios Americanos. Ill (1946),
517-666.
Gor.gora, Mario. "Estudios sobre el Galicanismo y la Ilustracin Catlica
en la Amrica espaola," Revista Chilena de Historia y Geografa.
No. 125 (1957), 96-151.
Hernandez Luna, Juan. Dos i deas sobre la filosofa en la Nueva Espaa.
Rivera versus de la Rosa. Mxico: Universidad Nacional Autnoma
de Mxico, 1959.
. "El pensamiento racionalista francs en el siglo XVIII mexi
cano," Filosofa y Letras [Mexico], XII (1946), 233-250..
Ingeneiros, Jos. La evolucin de las ideas argentinas. Buenos Aires:
Ediciones L. J. Rosso, Talleres Grficos Argentinos, 1937.
Konetzke, Richard. "La condicin legal de los criollos y las causas de
Independencia," Estudios Americanos, II, No. 5 (1950), 31-54.
Krebs Wickelns, Ricardo. El pensamiento histrico, poltico y econmico
del Conde de Campomanes. Santiago de Chile: Universidad de
Chile, I960.
Lanning, John Tate. Academic Culture in the Spanish Colonies. New York:
Oxford University Press, 1940.


133
Jarlot, Georges. Le regime corporatif et les cathol i ques sociaux; histoire
d'une doctrine. Paris: Flammarion, 1938.
Kamer, Bernard. Foderalismus und Korporativismus in gegenseitiger Bezie-
hunq. Frankfurt/M: The author, 1950.
Korn Vi 11 afane, Adolfo. Derecho pblico ppirtico; el cdigo de Malinas v
. la constitucin nacional. ("Biblioteca de la Doctrina Catlica,"
No. 32.) Buenos Aires: Librerfa Santa Catalina, 1938.
Lewis, Ewart. "Organic Tendencies in Medieval Political Thought," Ameri-
can Political Science Review. XXXI I, No. 5 (October, 1938), 849-
877.
Lewis, John. The Genossenschaft Theory of Otto von Gierke: a Study in
Political Thought. ("University of Wisconsin Studies in the So
cial Sciences and History," No. 25.) Madison: University of
Wisconsin Press, 1935.
De los Rios, Fernando. El sentido humanista del socialismo. Madrid:
Morata, 1926.
Maeztu, Ramiro de. La crisis del humanismo, los principios de autoridad,
libertad y funcin a la luz de la guerra. Nueva edicin. Madrid:
Talleres Grficas Lar, 1945.
. Defensa de la hispanidad, ed. autorizada por la seora viuda
del autor, para Amrica y Filipinas. Buenos Aires: Editorial
Poblet, 1942.
Mesnard, Pierre. El desarrollo de la filosofa poltica en el siglo XVI.
[no translT].Ro Piedras, P. R.: Ediciones de la Universidad
de Puerto Rico, 1958.
L*essor de la philosophie poli ti que au XVIe sicle. 2d edi
tion. Paris: Boivin and Ci., 1951.
Morral 1, John B. Political Thought in Medieval Times. London: Hutchin
son, 1958.
Rommen, Heinrich A. The State in Catholic Thought, a Treatise in Politi
cal Philosophy. St. Louis: B. Herder Book Co., 1945.
Sabine, George Holland. A History of Political Theory. Rev. ed. New
York: Holt, 1950.
. "Pluralism: a Point of View," American Political Science Re
view. XVII, No. 1 (1923), 34-50.
Touchard, Jean. Histoire des Idees politigues. 2 vols. Paris: Presses
Universitai res de France, 1959.


20
continuing refusal of Spaniards to constitute themselves in classes" on
the West European model.^ These perceptions are, unfortunately, of lit
tle direct use to the scholar. Beneyto, however, cites a forceful con
temporary account from the eighteenth century: in 17&9 the Peruvian-born
administrator Pablo de Olavide wrote:
it seems that Spain is a body composed of many small bodies,
detached and hostile among themselves, that mutually oppress
and despise each other and wage continual civil war. Each
province forms a body apart, only interested in its own preser
vation even though it be to the prejudice and ruin of the
others; each religious community, each college, each guild,
separates itself from the rest of the nation toturn within it
self. Hence it follows that all Spain is divided into portions
and isolated bodies with special charters [fuero privativo],
with distinct regimes, and even peculiar forms of dress; the
result of this segregation being that the soldier, the scholar,
the teacher, the priest, the monk ... is what his profession
indicates, but never a citizen.
Olavide's comments find a rather remarkable echo in two recent scholarly
analyses of colonial Spanish America. Richard M. Morse, in an article en
titled Toward a Theory of Spanish American Government," writes:
The multiplicity of judicial systems underscored the static,
functionally compartmented nature of society. The fact that
theylike the several hierarchies of lay and clerical admin-
istration--constantly disputed each other's spheres of influence
only served to reaffirm the king's authority as ultimate recon
ciler. Nuclear elementssuch as municipalities or even indi
vidual Indiansas well as highly placed officers could appeal .
directly to the king, or his proxy, the Viceroy, for redress of
certain grievances. The king . was symbolic throughout his
realm as the guarantor of status. In Thomistic idiom, all parts
of society were ordered to the whole as the imperfect to the
perfect. This ordering, inherently the responsibility of the
whole multitude, devolved upon the king as a public person act
ing' in their behalf, for the task of ordering to a given end
fell to the agent best placed and fitted for the specific
^function. '
In a similar vein, Lyle N. McAlister, in the introductory chapter of The
Fuero Militar" in New Spain, makes the following point:


31
3?Goetz Briefs, "Katholische Sozial 1ehre," Staats-Lexikon. VI
0956), 295, 300.
R. Palmer, The Age of the Democratic Revolution: The Chal-
1enge (Princeton: Princeton University Press, 1959), 25-29.
39See "Etat de la Question" in Emile Lousse, La societe d*ancien
regime: organ: sat i ons ct representations corporatlves ("Etudes presentees
la Commission Internationale pour 1histoire des Assemblies d'Etats,"
vol. 6; Louvain: Bibliothlque de 1-Universite, 1943).
^Latham, op. cit.. 232, 234-235.


125
Solorzano Pereira, Juan. Poltica indiana. Corregida, e ilustrada con
notas por el Lie. don Francisco Ramiro de Valenzuela. 5 vols.
Madrid and Buenos Aires: Compaa Ibero-Americana de Publica
ciones, 1930.
Suarez Alvarez Pedrosa, Federico. "La poltica social en las Leyes de
Indias," Revista Espaola de Seguro Social. Ill (1949), 29-41.
Urfa Santos, Mara Rosa. "The Encomienda System: an American Interpre
tation of Spanish Feudalism," Gainesville, Florida: unpublished
Master's Thesis, University of Florida, 1962.
Urteaga, Horacio H. "La organizacin judicial de la colonia," Humanidades.
XXV (1936), 207-224.
Verlinden, Charles. "Les influences medievales dans la colonisation de
l'Amrique," Revista de Historia de Amrica. XIII (December,
1950), 440-450.
' 1 1
Vinas Mey, Carmelo. El derecho obrero en la colonizacin. Buenos Aires:
Imprenta y casa editora "Coni," 1924.
. Espaa y los orgenes de la poltica social (las leves de
Indias). Madrid: J. Ortiz, 1929.
Zavala, Silvio A. Las instituciones jurdicas en la conquista de Amrica.
Madrid: Imprenta Helnica, 1935.
. New Viewpoints on the Spanish Colonization of America. Phila
delphia: University of Pennsylvania Press, 1943.
Zorraqufn Becu, R. "La funcin de justicia en el derecho indiano,"
Revista de la Facultad de Derecho y Ciencies Sociales [Buenos
Aires], III, No. 10 (April-June, 1947), 329-347.
Socio-political Structure of the Colony <.
Aguirre Beltran, Gonzalo. La poblacin negra de Mexico. 1519-1810.
Mxico: Imprenta Universitaria, 1946.
Alemparte Robles, Julio. El cabildo en Chile colonial (orgenes munici
pales de las repblicas hispanoamericanas). Santiago de Chile:
Universidad de Chile, 1940.
Altamira y Crevea, Rafael.et al. Contribuciones a la historia municipal
de Amrica. ("Pan American Institute of Geography and History,
Commission on History," Publication No. 14.J Mexico: Pan Ameri
can Institute, 1951. 1


This dissertation was prepared under the dir
ection ef the candidate's supervisory coamittee and
has been appreved by all aenbers of that coaaittee*
It was subaitted to the Dean of the College ef Arts
and Sciences and to the Graduate Council and was
approved as partial fulfillaent ef the requireaents
for the degree of Doctor of Philosophy*
August 10 1963
Dean, Graduate School
Supervisory Coaaitteei


100
86lbid.. 1, VI1, 9.
87lbid., I, Vil, 10.
oo
Ibid.. Ill, XXXV,- 6, 8, cited by Rommen, op. cit., 104-105.
"Princeps autem pars est reipublicae . dicendum ergo censeo principem
obiigari ad servandam legem suam proxime ab ipsamet lege et ex virtute
et efficacia eius."
89Sanchez Agesta, op. cit.. 98. This is notable in Azpilcueta
and especially Soto: "Princeps non est extra republican^ sed membrum
eius, puta, caput" (De iustitia et jure. 1, VI, 7).
Leq.. 11
II,
IV, 6
91Def. Fid..
vi,
IV,
92lbid., VI,
IV,
7-13
93|bid.. VI.
iv,
15.
9S.abrousse, op. cit.. 27


26
Long before the concept of pluralism emerged, Catholic so
cial thought bore a pluralistic" character. It has always
stressed, since its beginnings, the importance of articulated
multiplicity in the unity of society. it recognizes the di
versity of social structureseach of which has an autonomous
task to performby analogy to the anatomical structure of the
human being. . Despite the common stress placed on the im
portance of the intermediate social structures (between state
and individual) there exists a decisive difference between
Catholic social thought and the late-liberal pluralistic theory.
For Catholic social thought the crucial point is not, as it is
for the latter, the diversitv of social structures, but rather
the unity harmoniously embracing this diversity, and the struc
ture, hierarchically ordered according to merit, of this unity.
Therefore it is very doubtful that it makes sense ... to
denominate Catholic social thought as pluralism."^'
The institutions and intellectual movements of Spanish America have been
permeated since the beginnings with the postulates, categories, and con
tent of a specifically Catholic social thought. No generalizations are
possible at present about the implications of this fact for the study at
hand; this heritage, however, is one which can be discounted only at the
investigator's peril.
The work of the Catholic corporatist historians of the 1930's,
it must be said, does not seem to offer much guidance. Concerning this
group R. R. Palmer states:
Many of them have been sympathetic to corporatist political
theory and correspondingly critical of the modern state and the
individualist conception of legal rights. . [Some of their
works have] been directed to the European Old Regime before the
French Revolution. The tendency in this case is to show the
more favorable side of the Old Regime, with its freedom from
enforced authority, centralization, and all embracing sovereign
power. According to this view, social groups with different
interests or functions had rights and obligations realistically
corresponding to their position. They constituted social "or
ders," and were represented in "estates." "In reality," says
Professor Lousse, a leading exponent of the school, "there were
no privileged orders in the sense that others were unprivileged"
. . but he admits that some were more privileged than
others. . .3 ,


8
is that they constitute homogeneous social classes, or that their politi
cal behavior has been homogeneous on the basis of class interest."
The problem of establishing their identity as social classes and,
simultaneously, assessing their actual and potential political behavior
is one which, in other Western contexts, has generated vast amounts of
controversy for the past century and more, and certainly cannot be set
tled out of hand here.^ However, Latin Americanists have not hesitated
in arranging, from census returns and other economic data, a scale of in
come levels; the result has been, when proper account has not been taken
of important variablesprice indices, the extent to which certain groups
participate at all in the cash nexus, the family as an economic unita
series of statistical fictions bearing little relation to "life chances."
The application of closer objective noninstitutional criteria"style-of-
1ife" studies--can provide more positive results. It can indeed be shown
that, in a given national structure, individuals at certain levels of the
hierarchy own or aspire to a discrete range of material objects and share
other attributes: neighborhood preferences, dress, social affiliations,
recreations, and the like. Correlation of these levels with income and
occupation may or may not be high.
Objective institutional criteria--that is, constitutional or legal
provisions serving to demarcate agglomerations of individuals in terms of
demonstrable socio-economic status, and on that basis conferring differ
ential rights, privilege, and standing before the lawwould provide less
positive results. In societies that are nominally egalitarian, only the
labor codes of the several Latin American constitutions seem to have had
the effect of identifying and deliberately advantaging a social class,


126
Bagu, Sergio. Estructura social de la colonia; ensayo de historia com
parada de America Latina. Buenos Aires: El Ateneo, 1952.
Barba, Enrique M. "La organizacin del trabajo en el Buenos Aires colo
nial: constitucin de un gremio," Labor correspondiente a los
aos 1942-43 [Centro de Estudios Historeos, Universidad Nacional
de la Plata], 22-152.
Borah, Woodrow. "Colonial Institutions and Contemporary Latin America:
Political and Economic Life," Hispanic American Historical Review.
XLlll, No. 3 (August, 1963), 371-379.
Carrera Stampa, Manuel. Los gremios mexicanos: la organizacin gremial
en Nueva Espaa. 1^21-1861. Mexico: Editorial y Distribuidora
Ibero Americana de Publicaciones, 1954,
Chinchilla Aguilar, Ernesto. "Ordenanzas de escultura: escultores, en
talladores, ensambladores y violeros de la ciudad de Mexico,"
Antropologfa e Historia de Guatemala. V, No. 1 (1953), 29-52.
Ce Cnovas, Agustfn. Historia social y econmica de Mexico. 2 vols.
Mxico: Editorial Amrica, 19^+6-19^+7-
Despontfn, Luis A. El derecho del trabajo: su evolucin en Amrica.
Buenos Aires:Editorial Bibliogrfica Argentina,1947.
Diffie, Bailey W. Latin American Civilization: Colonial Period. Harris
burg: Stackpole, 19^+5 -
Dusenberry, William H. "Discriminatory Aspects of Legislation in Colonial
Mexico," Journal of Negro History. XXXIII (1948), 284-302.
Foster, George M. "CofradTa and compadrazgo in Spain and Spanish America,"
Southwestern Journal of Anthropology. IX, 1 (1953), 1-28.
Gibson, Charles. "Colonial Institutions and Contemporary Latin America:
Social and Cultural Life," Hispanic American Historical Review.
XLlll, No. 3 (August, 1963), 380-389.
Haring, Clarence H. The Spanish Empire in America. New York: Oxford
University Press, 1947.
Hernandez y Sanchez-Barba, Mario. "La poblacin hispano-americana y su
distribucin social en el siglo XVI Il," Revista de Estudios Po-
1 fticos. LI I, No. 78 (November-December, 1954), 111-142.
Howe, Walter. The Mining Guild of New Spain and Its Tribunal General.
1770-1821. Cambridge, Mass.: Harvard University Press, 1949.


74
populistas en la Independencia de Latino Amrica." The thesis of this
work was that the ideological justification of the independence movement
cannot be found in
the Rousseauian concept of the perennially-renewing Social Con
tract, but rather in Suarez' doctrine of popular sovereignty, a
tendency-perfect ly orthodox wi thi n its voluntarist inflexion
of the Thomistic theory of Civil Power, which requires (as against
the contractualist heterodoxy) an existential articulation, so
that the sovereignty delegated by the people to its legitimate
organs may [in certain circumstances] revert to the whole of the
people. ^ ,
yThl? approach (which, it must be said, lends itself to polemicizing on
the part of orthodox Catholic writers) has been developed, with varying
emphasis, by others, notably Pueyrred6n,^ Furlong Cardiff,^ Gomez Rob
ledo,^ Garcfa Gallo,^ the Hi spanoameri can Historical Congress (Madrid,
1949),^ and Stoetzer.^ At this point, one can only agree with Charles
Griffin, who finds the thesis "strongly asserted and not lacking in plau-
sibility," but "difficult to prove by direct evidence." 3 However, Grif
fin's further contention that "this version of Catholic political thought
. . had not been generally accepted in the Spanish universities and
even less by writers on Spanish or colonial law" u is rather more dubi
ous. It seems to have been effectively refuted by Father Furlong's well-
documented argument that "it is very certain that no other philosopher
exercised as much influence [as Surez] in the Rio de la Plata from the
beginning of the seventeenth century until the beginning of the nine-
21
teenth," and by scattered evidence from other areas of Spanish Amer-
22
lca- In view of the paucity of impartial studies, however, the ques
tion must remain open.


3
By way of illustration, a recent analytical article by Arthur P. Whitaker
3
on the political culture of post-Peron Argentina is highly relevant.
After reviewing the causes of the continuing crisis and the irreconcilable
behavior of armed forces, Church, Peronist labor unions, the university
groups, and industrialists, the author goes on to generalize:
Socially and politically, Argentina is a highly fragmented
country. Its fragmentation is different from the pluralism
which many of us think is one of the best attributes of society
in the United States. In Argentina, the divisions are sharper,
deeper, and more numerous, and the several fragments either do
not communicate with each other at all or else do so mainly to
quarrel and fight. Hence the widespread feeling of frustration
and loss of direction that embitters domestic differences and
tends to perpetuate them.
It is obvious that Whitaker's statement raises many more questions
than it answers. The first and most fundamental of these is, in what wav
is Argentine "fragmentation" different from American "piuralismf'? And why
should the divisions be "sharper, deeper, and more numerous"? (This last
adjective is dubious, Tf it is taken to mean that there are absolutely or
even relatively more "fragments" in the Argentine than "groups" in the
United States. The point will be considered in a more generalized con
text below.). What of the "fragments" themselves? Can they properly be
characterized as groups, social entities possessing a leadership cadre, a
base of membership, a received "interest," and institutional devices to
ensure their durability in time? For, if the "differences . [are]
perpetuate[d]," may not one also suppose that the structures among which
the "differences" exist are perpetuated? Why, too, should relations among
these structures be characterized by the extremes of indifference and
friction? Such a polarization of attitudes has been a relatively rare


102
be employed with the utmost circumspection. On the one hand, as Luis
Recasns Si ches writes,
it occurs that, in many cases, the "juridical" comes to con
stitute something like a maximalization of the "social," some
thing like the superlative degree of the "social," in fine,
the "social" carried to its extreme limits and to the stark
rigidity of its outlines. . This is precisely what occurs
with the theme of [juridical] personality: it is easier to
understand what constitutes personality in social, non-
juridical life if first we have perceived what constitutes
personality before the law.*
But the author also takes pains to caution against uncritical application
of the concept:
with respect to the collective juridical person, that which
functions as such in law is not the concrete arid total reality
of the collective entity, but rather a subject [in the techni
cal, legal, sense] constructed juridically; in fine, a juridi
cal categoryand beyond that, a generic categorythat rational
ordering projects over determined types of social situations.2
To be a person before the law, writes Recasns, means in general
Q
"to be the subject of rights and of juridical duties."- Persons before
the law can be of two classes: individuals, and collective persons
(corporations, associations, charitable organizations, etc.). The latter
may also be denominated, in the Hispanic practice, "moral persons" or "so
cial persons." The range of collectivities to be conceded juridical per
sonality is a function of positive law, but in general the family (pos-
I
sessing its own order, the patria potestas) and such informal groups as
sport clubs and salons do not receive this type of recognition.^ As the
author notes, the debate over the question, is such.personality created
by the law, or does the law merely take cognizance of a pre-existing re
ality, has continued over the centuries, with the supporters of the latter
view always in the minority. As will be shown (and as might already be


109
wherefore desiring to remedy and provide for the matter, we
revoke any and all cofradias and cabi1 dos erected in any city,
town, or place of our Kingdoms since the year [14]64, excepting
those erected solely for pious and spiritual causes and having
previously been granted our license and the permission of the
[responsible] Prelate. . Moreover ... we order that in
those cofradias erected before [14]64 . there shall be no
meeting . until they are expressly dissolved and revoked
publicly before the Scribe ... on pain of death.^
As might be imagined, Charles 1 legislated actively on the matter
of associations: by Royal Pragmatic of May 25, 1552, it was decreed that
because it is necessary [convi ene] that the artisans of these
kingdoms make good use of their skills, and that there should
be overseers of them, we order, that the Just? ci a and Regi dores
of each city, town, or place, shall see the ordinances governing
the use and exercise of such trades, and shall converse with ex
pert persons, and shall do what is necessary for the exercise of
said trades; and within sixty days shall send them [the ordi
nances] to our Council so that they may be seen in it, and what
is necessary shall be provided . and that each year the
Justicia and Regidores shall name skillful and trustworthy ob
servers [veedores] for the said trades, and that the Justicia
shall execute the penalties contained [in the ordinances].zo
At the same time, it was ordered that the cofradias attached to the trade
guilds were to be dissolved, and were henceforth prohibited from recon
stituting themselves without royal confirmation.^ For Philip II the
problem had economic consequences:
it occurs that in order to defraud our Rentas, many persons
are concerting among themselves to erect leagues and monopolies,
and are not selling or contracting for the things that are of
their trade [so as to avoid the royal impost] . this is a
thing of very bad example and very damaging to our Rentas,
wherefore we order . that those persons inculpated shall
lose the fifth part of their goods and shall be exiled from the
place where the fraud occurred for the space of one year.3
In the Laws of the Indies, these close regulations of association
are supplemented by one of equal rigor:
We order and dispose that in all our Indies, Islands, and Terra-
firma of the Ocean Sea, in order, to establish Cofradias. Juntas,
Colegios, or Cabi1 dos, of Spaniards, negros,-mulattos or other


A THEORETICAL APPROACH TO THE STUDY
OF SPANISH AMERICAN INSTITUTIONALIZED
FUNCTIONAL GROUPS
By
RONALD CHARLES NEWTON
A DISSERTATION PRESENTED TO THE GRADUATE COUNCIL OF
THE UNIVERSITY OF FLORIDA
IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE
DEGREE OF DOCTOR OF PHILOSOPHY
UNIVERSITY OF FLORIDA
August, 1963


78
if by an organic theory we mean a theory which conceives that
the whole has a purpose distinct from and superior to the ends
of individuals; which construes the whole as an hierarchy of
partial groups each with its special end and with a right as a
group to realize that end; which posits an intrinsic unity of
each group like the unity of the human individual; which views
the officers of the group as organs through which the unity of
the whole expresses itselfthen medieval political theory was
not organic.32
The 'organic" concept of society set out in the first citation
above could not lead to the more "modern" conclusions in the second for
a number of very cogent reasons. In the first place, Scholastic and
late-Scholasti c thought was emphatically centered upon the individual,
for only the individual was a real entity, and any group of which he
formed a part was but an association of individuals.^ Hence the denom
ination of any collective entity, including the state, as a "fict?ve
person.
.34
To be sure, in its consequences for social and political the
ory the Scholastic doctrine of individualism was far different from the
modern concept, in that it emphasized the common humanity of the human
person rather than his individuality. Thus his role in the political
process could be deduced by the reason from the common human nature of
humanity, which comprised a set of fixed postulates not subject to dis
pute. Nor was it necessary to endow the individual with natural politic
cal rights (save perhaps that of property) which he might of his own vo
lition exercise. The consequence of this concept of individualism, says
Lewis, was inevitably that of political order must have a paternalistic
cast: the tyrant was the ruler who disregarded, not the wishes or the
tights of his individual subjects, byt their interests.35
Further, even as the organs pf the human body are ordered to the
whole, the constituent functional membersgroupsof th body politic


54
forces constitute the most strategic of groups, so long as:
1. They remain unified within each service and across
the three services.
2. They hold an effective monopoly of military force and
are not countered by worker militias, national police
forces, etc.
Other groups are inherently strategic also: the medical profession,
the communications workers (particularly the railwaymen), bank em
ployees and the like can, and do in certain circumstances, exert le
verage out of all proportion to their numerical strength. But it is
safe to say, in a more general sense, that given the fragility and
lack of diversification of many of the national economies, numerous
occupational groups may find themselves able, in the appropriate cir
cumstances, to extract concessions for the routine performance of their
function.
Aside from this general factor of strategic position (per
manent or temporary), it seems.that at most four of Truman's variables
might be investigated with methods applicable to the entire Spanish
American area; that is to say, it seems, in a preliminary view, that
these questions should yield answers relatively constant throughout
the Spanish-speaking nations. The first is a more specific point un
der the heading of "strategic position": if Truman's factor of "mem
bership of government officials in the group" is rephrased to "pri- <
mary relationships between government officials and the group leader
ship, both parties acting ex officio." a useful category of investi
gation is obtained. For if the qualified dependence of groups upon
government (expressed in the formula highly or moderately heteronomous
and moderately autocephalous) permits the polity a degree of control


9
qua class. The tax structures, it is acknowledged, have a marked class'1
biashere, in favor of the wealthy. Whether this bias has 1 eg itimate
sanction, however, is another question. Finally, Sil vert points up the
importance of carnets, identification cards, which individuals in most
countries are required to carry at all times. These carnets invariably
describe the bearer's occupation in general terms, e.g., empleado,
agregado, patron, etc.; Silvert interprets them as formally sanctioned
symbols of status in the hierarchical order.^ They may well serve this
function; but they may well also be interpreted as outward manifestations
of the internal discipline of the corporate group to which the individual
belongs. J
Close studies utilizing nonobjective criteria are also required.
One approach is the ascriptive" or reputational"; that is, do individ
uals consider themselves to be members of given social classes, and do
other members of the society concur in these rankingswith or without
carnets? The second of these approaches is the behavioral" analysis of
the political process: do large agglomerations of individuals vote as a
class in normal" situations, or play other class roles in crisis" situa
tions? The third of these approachesperhaps the crucial oneis the
elucidation of class-based" value systems: can it be shown that, in a
given national structure, certain congeries of beliefs, presuppositions,
and values are the property of the majority of the members of discrete
classes (otherwise identified by socio-economic criteria), and of not more
than a few members of other such discrete classes? Despite the work of
14
Johnson, Crevenna, and others, there is not sufficient evidence at hand
to warrant firm conclusions; it seems more likely that in several areas


BIOGRAPHICAL SKETCH
Ronald Charles Newton was born on February 8, 1933, in Newark,
New Jersey. He attended the public schools of Belleville, New Jersey,
and Rutgers University in New Brunswick, New Jersey, where he received
the B.'A. degree, in English, in June, 1955. At Rutgers, Mr. Newton was a
frequent contributor to Antho. the university literary magazine. He was
active also in the Hispanic Society, which, under Professor Jose Vasquez
Amaral, organized and served as host to Conferences on Latin America in
1952 and 1953.
Following military servicemost of which was spent in Headquarters,
U. S. Army, Europe, in Heidelberghe began graduate studies at the Uni
versity of Florida in September, 1958. He received the M.A. degree, in
Inter-American Studies, in January, 1980. In the summer of I960 he served,
as a graduate assistant in the Summer School of the University of San
Carlos, Guatemala. The following summerhaving in the meantime trans
ferred to the Department of Historyhe carried out independent research
in the-archives of Buenos Aires; at the same time he taught evening classes
at the Instituto Cultural Argentino-Norteamericano.
He is a member of the honorary fraternities Phi Kappa Phi and Phi
Alpha Theta, and of the American Historical Association and the Conference
on Latin American History. He has been the recipient.of graduate fellow
ships given by the Graduate School of the University of Florida, and of a
Ful bright Award (declined) to the University of Hamburg. During the past
academic year (1962-1963) he has held an NDEA Language Fellowship.


2
have at each moment their specific configuration. . Thus
the subjects of the historian are the orders of chivalry and
the guilds, workmen's associations and the Societies of Friends
of the Nation; but also, relevantly, kinship groups, which in
earlier times had the strength of factions, and still today
possess singular facilities for access to public life and in
corporation into the social process. Also a subject is .-.
the generation, as vaguely delimited as it is effectively ac
tive. We may conclude by emphasizing the necessity of treating
of the origins and transformations of those groups whichas
Konetzke has written in reference to the problems of Hispanic
American social history"are a structured organization, form
a particular body, and represent an intelligible unity.
The sheer variety of groups that Beneyto proposes to investigate is large:
"elites," occupational groups, tangential groups (the eighteenth-century
Societies of Friends of the Country), kinship groups, the "generation" (a
distinctively Hispanic concept that may deserve more attention than it has
received from Anglo-Saxons). And the problem areas to be considered are
formidable: questions of continuity and change (". . the dense experi
ence that the past brings to bear," the succession in time of present-day
workmen's associations to the earlier guilds), the behavior of groups in
"crisis" situations, the relation between the institutional structure of
Hispanic America and that of the Metropolis, the compatibility or non
compatibility of the "class" concept and the "group" concept. There is
ample scope here for the sociologist, the political scientist, and the.
historian. But also, as Beneyto remarks in another context, "there is no
institutional structure without a juridical structure."2 It is probable,
that is, that the study of Hispanic group structure will require the ap
plication of the techniques of comparative law and, ultimately, political
theory as wel1.
For the United States student of Latin America, these problems of
definition and focus might be considered in a slightly different light.


17
will act in such a way as to tend to carry out the order governing
the group. . The "constitution" (Verfassung) of a corporate
group is the empirically existing probability, varying in extent,
kind, and conditions, that rules imposed by the governing au
thority will be acceded to. . The concept of constitution
made use of here ...is not the same as what is meant by a
"written" constitution, or indeed by "constitution" in any sort
of legal meaning. The only relevant question ... is when,
for what purposes, and within what 1 i mi ts . the members^f
the corporate group will submit to the governing authority.
Following Weber, a corporate group exists, and possesses a poten
tial for political behavior, insofar as it has both a governing elite and
certain patterns of expectations that the directives of the elite will be
carried out by the membership at large. The armed forces of Spanish
America, the Church, the permanent bureaucracies, and the organized labor
syndicates are, by definition, corporate groups; it might be pointed out
that the first two, invariably, and the last two, frequently, even possess
tribunals with jurisdiction over a broad or narrow range of internal mat-
22
ters. Not only these functional groups, furthermore, but also the kin
ship, ethnic, and territorial solidarities noted above partake of the
characteristics of corporate groups.
Weber's definition is by no means speculative; on the contrary, it
makes clear the necessity of establishing empirical criteria with which to
identify leadership cadres and to assess probabilities that, in certain
situations, the orders of these cadres will be carried out. But "assess
ing probabilities" is, by and large, a task not congenial to the historian
the operation can, however, be carried out ex post facto, that is, through
an analysis of what has happened. Weber's concept is limited in other
ways as well: it does not point to any useful method of eliciting the
means by which the discipline has been created, nor why the leadership


The study of Spanish American groups can therefore be considered
a problem in sociology, in behavioral political science, in political
\
theory, or in law. For the historian's purposes, it would seem that all
four approaches are required in conjunction. This appears a large order,
yet in reality, historians have always felt free to synthesize materials
from other disciplines. This is done, however, on an operational basis;
the level of complexity or abstraction is no higher than that required
for the elucidation of the problem at hand. For this reason, the rank
ings and classifications proposed in Chapters I and II are left to the
historian's subjective judgment; there appears to be no requirement to
make the material subject to quantification. The most serious obstacle,
in fact, to the simultaneous employment of these multiple approaches seems
to be the difficulty of acquiring a working knowledge of Roman and civil
law.
The-author wishes to apologize for the occasional intrusion of
jargon or of neologisms, particularly in Chapter II. Their use seems un
avoidable if precision and neutrality of terminology are to be achieved,
* \
but one cannot be entirely happy with the results. Similarly, several
of the points made in Chapters I and II seem self-evident, almost banal.
As is indicated, however, they have not been self-evident to other writ
ers. In any case, the group phenomena of Spanish America represent largely
untrodden ground, and perhaps it is just as well that their study begin
with a set of elementary definitions and formulations. A final word is
necessary about the justification for the exclusion of Brazil.' Since one
of the objectives pursuedespecially in the last two chaptershas been
that of achieving some kind of empathic relat ion-with the societies under
v


60
sports and social clubs, vacation resorts, sanatoria.
The family budget is markedly affected, as is, more
over, the range and character of the family's social
relationships.
b. Does it provide a broad range of psychological satis
factions? The fact that the services made available
to the individual by virtue of his group membership
may also affect his social relationships suggests
that they further strengthen his feeling of identi
fication with the group. At the same time the num
ber and significance of his social relationships
outside the group are reduced. Co-optation (as in
some officer corps) also enhances group solidarity.
Finally, it is possible to consider under this
heading those groups whose "Interest" Is a high
ideological commitment: the Communist Parties of
Spanish America are neither sanctioned nor strate
gic, but they are, as noted before, institutional
ized and functional, and, by the present definition,
inclusive.
Throughout, no account has been taken of "tangents"defined
by Truman as "bridges . uniting persons in two institutionalized
groups or subdivisions thereof."^ The implication has been that
they are of minor significance; otherwise, the phenomenon of the in
clusive group would not be so marked. It must be admitted at once,
however, that evidence on this point is extremely scant. It is, for
example, not clear whether an "imposed" trade association serves as
a tangent, or can more properly be considered the bearer of the in
terest itself. The bridging function is also performed in other
ways: secondarily by the mass mediamost notably by periodicals
with a "class" bias--and primarily by open (nongroup-affiliated) so
cial and recreational clubs (ranged on a carefully graduated "class"
scale in Spanish America, as elsewhere). Study of the "popular Uni
versities" might well reveal that they serve as important tangents
between university student groups and organized labor groups. Finally


112
without interruption or [royal] order in the contrary sense.
And in order that the mercedes that we shall make from this as
sumption shall have effect, they are to be founded in fixed
custom, unaltered, without contrary prohibition, and with many
acts of the same sort tending to confirm them.
Nevertheless, should the provisions of the Laws of the Indies prove in
applicable in specific cases, the Partidas were a supplementary source
of authority.-'
It should be reiterated that the formulations relating to both
the law of associations and to the authority of usage, custom, and fuero
are theorems of the general theory of law. Nevertheless, the implications
of the law of associations can be seen in a number of specific historical
situations, most clearly in the firm subordination of municipal and na
tional guilds to the municipal or national authority that was the rule
everywhere in Castile and Leon i n the early modern period.35 |,t should be
noted parenthetically, however, that in the commercial cities of the East,
particularly Barcelona and Valencia, the guilds enjoyed higher prestige
and were permitted to participate, through corporate representation, in
municipal government.3& On the basis of available evjdence, the former
mode seems to have been prevalent in;the New World colonies.
The further history of these doctrines in the modern jurisprudence
of Spanish America remains to be investigated. A certain continuity is
visible. At the moment little more can be said with certainty.


71
2
twentieth century would Spanish thinkers again attain such eminence.
The political and legal theory of this 1ate-Scholastic school was nota
bly comprehensive and lucid, and as a consequence (of practical impor
tance here) it has attracted considerable scholarly attentionat least
*3
on the part of Spanish and Continental writers. Moreover, the doctrines
of Vitoria, Soto, Mariana, Molina, Suarez, and the other Schoolmen were,
as to essentials, in agreement; they formed a relatively homogeneous body
of thought. Their dissemination, also, was uniform, throughout both the
Peninsula and the New World, although--as will be noted belowthere ex
ists serious disagreement as to the extent to which they were actually
emphasized in the curricula of the Hispanic universities. Finally, the
close relationship between political and legal theoryfor 1ate-Scholastic
doctrine was intended for translation into juridical normsmakes the
work of. the Spanish late-Scholastics particularly apt for the present
inquiry.
The sudden and impressive flowering of Spanish philosophy in the
sixteenth and early seventeenth centuries is generally considered to have
followed directly upon the reintroduction into Spain of the Thomistic
system by the Dominican Francisco de Vitoria in the early sixteenth cen
tury, and its rapid dissemination through the new or rejuvenated Spanish
universities.^ With some notable exceptionsthe Erasmist Luis Vives,
for example--the Spanish philosophers followed Aquinas rather closely,
Maurice de Wulf writes of the
real and profound revival in Spain and Portugal during the six
teenth century, a return to the great, leading principles of
scholasticism, an intellectual awakening which bears eloquent
testimony to the vitality of its doctrines in the hands of
really capable men as distinct from petty, unenlightened


66
NOTES
1 Jean Meynaud, Les groupes de pression en France (Cahiers
de la Fondation Natlonale des Sciences Politlques, No. 95; Paris:
Librairie Armand Colin, 1958), 20-21.
^Stanislav Ehrlich, "Une contribution a 1'etude du probleme
que posent les groupes d'interet," paper read before International
Congress of Political Science, Rome, 1958. Cited by Segundo V. Li
nares Quintana, Tratado de la ciencia del derecho constitucional ar
gentino y comparado. (7 vols.; Buenos Aires: Editorial Alfa, 1955-60)
VI!, 696.
3oavid B. Truman, The Governmental Process: Political In
terests and Public Opinion. (New York: Alfred A. Knopf, I960), 37*
4Ibid.. 34-35.
*
5qp.cit., 455-531.
^1 bid.. 477.
7|bid.. 501-502.
81bid.. 496-501.
9lbid.. 511.
^(New Orleans: Hauser Press, 1961), 31.
^William F. Barber, Review, of The Conflict Society: React i on
and Revolution in Latin American, by Kalman H. Sil vert, Hispanic Ame
rican Historical Review, XLI1 I (February, 1963), 114.
^20p.c?t., Almond's remarks on "multifunctionality" (p.!7ff),
on "cultural dualism" (pp. 21-22), on "industrial" versus "agrarian"
norms and structures (pp. 22-23), on the relation between "modern"
and "traditional" components (p. 24), and on French political culture
(P. 37) may all suggest new conceptual approaches.
131bid.. 33.
l4lbid.. 34.
. ^Truman, op.cit. 27-28.
'^Weber, "Types of Social Organization," 224.


55
over the group's activity, it also permits the group leadership a
measure of influence in the governmental decision-making process
an influence which bypasses the standard organs of interest aggregation,
the party system and the legislative branch.
The other three variables relate to the internal characteris
tics of the group: the degree of cohesion obtainable in a given si
tuation;- the degree and appropriateness of organization; and the
group's resources in men and money. This last factor, however, can
obviously be investigated in both absolute and relative terms; it is
not yet clear whether it. will be more useful to determine what consti
tutes appropriate" resources for the individual group, or to evaluate
these resources in relation to the resources at the disposal of other
groups. Therefore, both approaches will be used.
The following series of questions is designed to provide the
bases for a preliminary classification scheme. It is not necessarily
a cumulative series, although in the case of some groupsparticularly
the armed forces^-it-may have that effect. The answers to the ques
tions, and the judgments made, must be on a subjective basis; it does
not seem necessary at this point to structure the scheme so as to
elicit quantitative data. Where continuums are used, rankings can be
made by employing the adjectives highly ..., moderately mode
rately highly , reading from right, to left.
Is the group organized?
Does the group possess a leadership cadre, recognized as such;
and does there exist the probability that the directives of the lead
ership will be carried out? Here it is possible, in the study of an
entire national group structure, to take account of the potential"


132
Dunning, Wi11iam Archibald. History of Political Theories from Luther to
Montesquieu. New York and London: MacMillan, 1938.
Elbow, Matthew H. French Corporative Theory, 1789-1948, a Chapter in the
Hi story of I deas. New York: Columbia University Press, 1953-
Elliott, W¡11iam Yandel1. The Pragmatic Revolt in Politics: Syndicalism.
Fascism and the Constitutional State. New York: MacMillan, 1928.
. "Sovereign State or Sovereign Group?" American Political Science
Review. XIX, No. 3 (1925), 475-499.
Field, George Lowell. The Syndical and Corporative Institutions of Italian
Fascism. ( New York: Columbia University Press, 1938.
Figgis, J. N. The Divine Right of Kings. 2d. ed., with three additional
essays. Cambridge: Cambridge University Press, 1914.
. Political Thought from Gerson to Grotius, 1414-1625. New York:
Harper and Bros., I960.
Garcfa y Mel lid, Atilio. La crisis polTtica contempornea: la sociedad
cristiana: la hereja marxista; la democracia funcional. Buenos
Aires; MEC, 1953.
Gierke, Otto von. Das Deutsche Genossenschaftsrecht. 4 vols. Graz:
Adakemische Druck und Verlagsanstalt, 1954.
. The Development of Political Theory. Translation by Bernard
Freyd of Johannes Althusius und die Entwicklung der Naturrecht-
lichen Staatstheorien. New York: Norton, 1939.
. Natural Law and the Theory of Society, 1500-1800, with a Lec
ture on Natural Law and Humanity by Ernst Troeltsch. Translation
by Ernest Barker of five subsections of Das Deutsche Genossen-
schaftrecht. Boston: Beacon Press, 1957.
. Political Theories of the Middle Age. Translation, with In
troduction, by Frederick W. Maitland of Vol. 3 of Das Deutsche
Genossenschaftsrecht. Cambridge: Cambridge University Press,
1900.
Golob, Eugene 0. The "Isms": A History and Evaluation. New York:
Harper and Bros., 1954.
Hearnshaw, F. J. C. Social and Political Ideas of Some Representative
Thinkers of the 16th and 17th Centuries. New York: Barnes and
Noble, 1949.
Hsiao, K. C. Political Pluralism: a Study in Contemporary Political The-
ory. London: Kegan Paul, Trench, Trubnr and Co., ltd., 1927.


104
Justinian to the present time. Every system of modern corpora
tion law is indeed modern Roman law. Really, all that modern
law has done is to enlarge the superstructure and add to the
details of corporation law.7
However, if modern Anglo-Saxon and modern Spanish-American corporation
law may be said to have originated in a common sourceto be more precise
the work of the Glossators of Bologna and the post-Glossators of Perugia,
g
Pavia, and Padua, from the eleventh through the fourteenth centuries
the sociology of corporations (using the term in its generic sense) in
)
the two areas has resulted in vastly different social morphologies. As
was pointed out a length in the first two chapters of this study, the
Spanish-American group is far more likely to exhibit the characteristics
of "inclusiveness" than the North American, and its members.less likely
to be subjected to cross-cutting solidarities; the relationship of the
group to the formal apparatus of government is more overt, and the posses
sion and maintenance of the basic statute of much greater import to the
membership. On the other hand, the "habit of voluntary association," as
de Grazia puts it, seems to be rather more feeble. While it must be as
sumed that there are no final answers to the question why?. but Qnly a
nexus of probable causal factors, it is nevertheless instructive to re
view the development of the Spanish law of associations,' and its trans
mission to the New World.
Although much pre-Justinian Roman law had been preserved in Spain
in the so-called Breviary of Alaric of the sixth century and the more
durable Fuero Juzgo of the seventh,^ it is apparent that the revival of
Roman law at Bologna had an immediate and sharp impact on the development
of Spanish jurisprudence. Sohm quotes Savigny as holding that the


107
rather the permission of entire categories of corporations by
a general rule of law. Such a rule they find expressed in the
common written law favoring all types of corporations mentioned
by the Corpus juris ... as collegia licita. Therefore, they
ascribe the corporate right to all churches and church institu
tions; to all local communities, including rural ones . ;
to the town councils; to the artisans' guilds explicitly men
tioned in the sources; etc. But the glossators do not hesitate
to expand these categories whenever they feel a special need
for it. Thus, for example, they declare as collegia approved
by law . .all fellowships of business men and artisans. On
the same level with these fellowships, they put the collectivity
of university teachers. . [However], no matter how broadly
or how narrowly the categories of the corporations recognized by
common law are conceived, one can still think of situations in
which a corporately constituted group could not be subsumed under
these categories. In such cases, the necessary approval was
found in a special "privi 1 egiurn principis." . The glossators
do not divide corporations according to whether their coming
into existence was indispensable or whether they were voluntarily
created, nor do they distinguish conceptually between purely
personal corporations and those determined territorially or by
material circumstances.^
In addition, the Glossators' concept of corporations embodied a
number of other characteristics first developed by the Roman jurists and
still in force in the twentieth century. Among these were: at least
three persons were required for the foundation of a corporation; the
corporation was of the same capacity as an individual to acquire, possess
and alienate property, and to form obligations; it could also acquire
. 22
property through testamentary succession.
The distinction between collegia licita and col 1egia i 11ic?ta.
and the dependence of the former on the magistratethese provisions are
clearly traceable back to the Augustan lex Julia de collegiis^were
translated into Spanish statutory law beginning with the order of Don
Juan of Castile in Guadalajara entitled "Prohibition of association
[ayuntamientos], leagues, and confederations among Councils, noblemen,
or other persons" (1390):


5
while the author's perception of the structural factors Involved In
present-day Argentine "fragmentation" was probably quite accurate, he did
not have available to him the techniques, or even the terminology, with
which to push the analysis forward. It is the purpose of the present
study to work toward the creation of such techniques and terminology. For
arbitrary reasons, only the Spanish-speaking nations will be considered;
therefore, the problem becomes that of determining whether there Is such
a thing as a specifically Spanish American group, and if so, what Is spe
cifically Spanish American about It. Given the extreme scarcity of ear
lier studies In this field, the procedure here must necessarily be that of
moving from the known to the unknown; all conclusions reached must be
considered tentative and subject to later revision. The possibility, how
ever, that a number of problem areasas implied In Beneyto--may be ren
dered more amenable to scholarly investigation makes the undertaking
worthwhile. Or as George Blanksten, speaking for the political scien
tists, says:
The bulk of the work . done by "North American" political
scientists In Latin America has generally Involved, in one way
or another, the description of formal structures of governments.
It has often taken the form of translating the written consti
tutions . and abstracting or summarizing these legal provi- .
slons. . This type of activity reaches the point of diminish
ing returns. . [However] this [i,e.. political groups] is a
major area of our ignorance In Latin American politics. We know
virtually nothing about the area's political groups, and there Is
some virtue In our beginning to acquire that knowledge for its
own sake. . .5
It Is, in fact, rather curious that this 1 acuna should have been
permitted to exist In the conceptual baggage of the Latin Americanist, for
group theory, as developed In the United States and Western Europe, Is by
no means new. A major reason for Its neglect until now undoubtedly lies


s
70
Many types of investigation in Latin American history turn on this ques
tion, yet there is notand probably cannot beany way of conceptualiz
ing an answer applicable in all cases. As Charles Gibson writes in a
forthcoming article, .
a colonial institution may be consequential without being con-
tinuous[;] modern legacies of colonial institutions may appear
in disguised forms. ... It is impossible to think of anything
social or cultural that has not been modified in some degree in
Latin America since the colonial period. But it is also possi
ble to see some of these changes as superficial adjustments that
do not affect underlying uniformities, or as variations on con
stant themes.'
Perhaps, for the moment, it is most sensible to translate the
problem into one in intellectual historythis, on the conviction that
the ideas that men hold concerning the nature and ends of their society
are at least as significant as, and logically anterior to, the institu
tions through which these ideas are objectified. That is, it seems quite
permissible to hypothesize the endurance in time of certain specifically
Hispanic concepts concerning the nature and function of human groups,
and their articulation with the state. Since such concepts are the ma
terial of political and legal theory, the problem becomes manageable;
/
the hypothesis can be tested.
There seems no alternative but to begin at the beginning, in the
sixteenth and early seventeenth centuries when the political, social,
and legal institutions of the Colony came to crystallization. A number
of important considerations, in fact, argue in favor of doing so. For
this was the Golden Century of Spain, and in this period Spanish philos
ophers and publicists achieved a level of excellence quite in keeping
with that of their gifted contemporaries in other fields; not until the


57
Is it sanctioned?
Are the group's normal activities considered licit or desi
rablethat is, do they receive general social approbation and more
specific forms of juridical and administrative recognition? By using
the term "normal" it is possible to distinguish, for example, between
routine political relations between the armed forces and the govern
mental apparatus, and the covert behavior of officers' cliques '(the
latter may be quite functional and even well institutionalized). As
was noted above, several varieties of institutionalized functional
groups may be nonsanctioned. Presumably, however, only sanctioned
groups can be considered to possess a formal, overt relation in go
vernment. It is possible at this point, therefore, to consider the
ideal types proposed by Weber.
1. Heteronomous autonomous.
Was the group's organization originally sponsored by go
vernment, or was it the outcome of the "spontaneous"
organizing activity of individual members? Has the group
a basic legal statute? If so, do its provisions in
reality promote "institutional" stability? What is the
worth to' the membership of any privileges and special
dispensations contained in the statute? Can it- be re
voked or radically altered at will of government? What
other formal relations exist between the group and the
apparatus of government? (e.q., does the leadership sit
ex officio on governmental or quasi-governmental boards?)32
2. Heterocephalous autocephalous.
Is the group in effect self-governing, or do governmental
functionaries constitute, de facto or de jure, part of
the leadership cadre? Does the group possess its own tri
bunal? What is its range of jurisdiction, and its re
lation to the national judicial system?


27
The tendentiousness of these writingswhich in any case do not seem to
include a comprehensive study of the Spanish Old Regime^renders them
of doubtful utility. Those works cited at the beginning of this chapter
particularly the studies of Mexican and Guatemalan guilds by Carrera
Stampa and Samayoa Guevara respectivelyappear to be more neutral in
their sympathies and more directly applicable as models upon which to
structure further examination of the Colony.
A third major source of theoretical formulations conceivably
adaptable to the Spanish American context is the more recent body of "in
terest" and "pressure" group studies elaborated by United States and Euro
pean scholars. The line of descent from the earlier pluralist school is
direct; however, the doctrine of the so-called analytical pluralists, in
Latham's words,
was, and is, hypothetical, experimental, empirical, and descrip
tive. The intellectual roots of analytical pluralism are deep
in the history of American thought. . Social inquiry [has
turned] toward process and away from static conceptualism, toward
relations rather than structures, and toward consequences instead
of causes. Process, relations, and consequences are not, however,
the antonyms of concepts, structures, and causes. The distinc
tions blur, shade, and fuse. ^
The flexibility of this approach would seem to make it particularly useful
as a point of departure. Because there are few precedents for a typology
of Spanish American functional groupsand those, as will be shown,
largely unsatisfactoryrather more attention will have to be devoted, at
first, to logically anterior concepts and structures, and less to proc
esses and relations. As was noted earlier, questions of origins and
causality can scarcely be considered at this time. The uses and limita
tions of group theory will become more, apparent during the course of the
following chapter, in which a tentative conceptual scheme will be erected..


CHAPTER V
CONCLUSIONS
The foregoing study has attempted to make manageable an area of
Spanish American socio-political phenomena that has hitherto been unman
ageable: the general question of the group basis of Spanish American so
ciety, and more specifically, the social and political behavior of large,
secondary, occupational groups. It has done so by reviewing the avail
able evidence of such groups, so as to provide a general description and
make clear their significance; and, simultaneously, by bringing to points
of departure four separate methods of ordering data on them. The first,
two methods, the sociological and the political science, might well be
considered as one, for the heuristic device set up in the second chapter
is really a device of political sociology. It must be reiterated that
the classifications and concepts are provisional; they are meant to be
refined.
The last two chapters represent attempts to get at the inwardness
of Spanish American social organization. Given the state of the art,
tt]ey must be considered beginning studies subject to much further elabora
tion. The juridical approach by itself may not prove as rewarding as it
might at first have seemed; perhaps it would prove more useful were it
combined with studies in public administration. But this is an after
thought. What is important is that there remains an appalling amount of
116
work to be done.


13
interest" is the amelioration of some social ill or the attainment of
some other limited political aim. The major exceptions in the functional
category, in the area as a whole, are: the agricultural laborers; the
nonunionized manual workers; and, in those nations where a thorough-going
spoils system continues to operate, the bureaucracy at all levels. These
generalizations, like all of the generalizations in this section, must
naturally be refined by closer studies.
A society's group structure is never static. Those of Spanish
America have been in a mounting flux since World War Two, or even in some
nationsMexico, Chile, Argentina--much earlier. In addition to the Mid
dle Sectors," in whom liberal commentators have placed so much hope, ac
count must be taken of the currents of internal migration from rural to
i q
urban areas. y The majority of these migrants remain underskilled, under
employed, and unorganized, and fall into the category, noted above, of
nonunionized urban manual workers. The range of organizational forms, and
varieties of political affiliation and action, available to them are very
great. To the same extent is the course of development" and change
uncertain.
It has been contended, on the basis of preliminary evidence, that
Spanish American group solidarities are as strong, or at least as deserv
ing of the scholar's attention, as class solidarities. Three other types
of solidarity, familiar to all students of the area, must also be re
marked: kinship solidarities, ethnic solidarities, and territorial soli-"
darities. The relative weight to be assigned to groups and classes, fam
ilial relationships, the indigenous subcultures, and the patria chica is


24
deal with the same range of social phenomena as has been posited as the
general subject of this inquiry: the composition and ordering of large,
secondary, functional groups within the society, and their political re
lations to one another and to the state. What is called the "pluralist"
canon is generally considered to have begun with the work of the German
legal scholar Otto von Gierke in the last third of the nineteenth century;
it is a loose canon, but its major practitioners have included, in Europe,
F. W, Maitland, Joseph Paul-Boncour, Emile Durkheim, J, N. Figgis, Harold
Laski, the Webbs, G. D. H. Cole, A. D. Lindsay, L. T. Hobhouse, Ernest
Barker, Hugo Krabbe; and in the United States, Arthur Bentley, M. P.
Follett, and, in some respects, Herbert Croly and Charles Beard. Speaking
particularly of the Europeans, K. C. Hsiao writes:
what is popularly known as political pluralism, or the pluralis
tic theory of the state, is by no means a unified and systemati
cally developed theory. We find, instead, a group of divergent,
even conflicting, tendencies in political speculation, held to
gether by no other tie than the general agreement that the state
is to be "discredited," "particularized," and reduced from its
former height of sovereign inclusiveness to a humble position along
side of all other social institutions.^
While there is no gainsaying the enormous worth of the scholarly contribu
tions made by many of these individuals, it must nevertheless be pointed
out that the doctrines associated with their names were, in the first
place, normative:
Pluralism undertakes to transform the state. . .[It] has
both a positive and a negative side: It protests against a
theory that seems to ignore certain changed conditions in the
Western -poli ti cal world; and it suggests a solution of the prob
lems arising from these new political phenomena.35
The commitment to reform furthermore seems to have introduced cer
tain biases into their investigations:


15
The type of study characterized earlier as style-of-life," being
designed primarily to elicit information about class levels, would be of
relatively little use in the study of groups. It is possible, however,
that with them, further data concerning the relationships and shared val
ues within groupsparticularly such high-status groups as the landowners
and full-time military, with a greater potential for marginal differentia
tionmight be made available. Objective institutional criteria, on the
other hand, are of considerable value. Business corporations, for exam
ple, enjoy juridical personality; many of them also possess an overt tie
with government, in that ownership is joint. The case is more pronounced
for the entes autnomos, autonomously managed public corporations created
by government for the provision of public services, or for the supervision
with greater or lesser regulatory powersof the production and market
ing of major commodities. The Church (generally), the armed forces, and
the universities, as well as many or most professional associations, are
institutionalized11 from above either through possession of a basic legal
statute or through some form of direct articulation with the apparatus of
governmentfrequently both. Examination of tax statutes might well re
veal functional differentiation operating through distinctions made as. to
source of income. The carnets previously mentioned, it might be argued,
confer group status as well as hierarchical status.
The ascriptive" or reputational" approach can be applied in a
number of ways; an elementary one that comes to mind would involve the
analysis of the frequency, and shadings of meaning, of the word gremio
as applied in common speech to discrete social entities. The behavioral"
approach, one suspects, would produce rather strong confirmation of the


140
. The Eighteenth Century Enlightenment in the University of San
Carlos de Guatemala. Ithaca, New York: Cornell University Press,
1956.
. "La recepcin en la America espaola, con especial referencia
a Guatemala, de la 11ustracin del Siglo XVII i," Anales de 1 a
Sociedad de Geograffa e Historia de Guatemala XXI (1946), 190-199.
Legufa, Jorge Guillermo. Historia y biografa. Santiago de Chile: Edi
ciones Erci1 la, 1936.
. Hombres e ideas en el Peru. Santiago de Chile: Ediciones
Ercilia, 1941.
Mayagoitla, David. Ambiente filosfico de la Nueva Espaa. Mxico: Edi
torial Jus, 1945.
Miranda, Jos. Las ideas y las instituciones polticas mexicanas. Mxico:
Imprenta Universitaria, 1952.
Mors, Richard M. "Toward a Theory of Spanish American Government,"
Journal of the History of Ideas. XV (January, 1954), 7193.
Narancio, E. M. "Las ideas polticas en el Ro de la Plata a comienzos
del siglo XIX," Revista de la Facultad de Humanidades y Ciencias
[Montevideo], No. 14 (1955), 97-183.
Navarro, Bernab. "La filosofea en el Mexico de la colonia," Cuadrante.
Ill (1954), 27-47.
. La introduccin de la filosofa moderna en Mexico. Mexico:
El Colegio de Mxico, 1948.
Orgaz, Ral A. La filosofa en la Universidad de Cordoba a fines del
siglo XVIII. Cordoba: ed. del autor, 1942.
Prez,Marchand, Monel isa L. Dos etapas ideolgicas del siglo XVIII en '
Mexico. Mxico: El Colegio de Mexico, 1945.
Pueyrredon, Carlos Alberto. Mil ochocientos y diez: la Revolucin de
Mayo segn amplia documentacin. Buenos Aires: Peuser, 1953.
Romero, Jos Luis. Las ideas polTticas en Argentina. 2a ed. corregida
y aumentada. Mxico: Fondo de Cultura Econmica, 1956.
Spell, Jefferson Rea. Rousseau in the Spanish World before 1833. Austin:
.University of Texas Press, 1938.
Stoetzer, Carlos Otto. "La influencia del pensamiento politico europeo en
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257-266.


80
i
the reason in the nature of human relationships; Suarez, however, as
signed greater scope to the will (still, however, in conjunction with
and ultimately subordinate to the reason), and has therefore been con-
sidered, as in the citation from Gimnez Fernndez, a voluntarist.
Within such limits, the Spanish 1ate-Scholastics made use of the
organic analogy according to their individual lights. In the Republica
original sacada del cuerpo humano of Jeronimo Merola, or the De optima
recis institutione of Juan Gallego de la Serna, the usage is literal- N
minded and undistinguished. ^ The royal counsellor Sebastin Fox
Morcillo, on the other hand, took pains to emphasize the hierarchical
principle within the organism, the predominance of certain members over
others. The head presides over all the body, the body over the limbs,
the arms over the hands; the soul presides throughout, but is also hier
archically organized, the mind over the will, the will over the lesser
faculties, etc.^
Suarez makes limited use of the analogy. For example, in his
discussion of potestas, sovereignty, he writes that it is not only cre
ated simultaneously with the Corpus mysticum politicum, but also resides
in it; the exercise of sovereignty, however, must be indivisible and
vested in a single office (though not necessarily in a single individual)
the same may be asserted from the natural example of the human
body, which, lacking a head,, cannot be preserved. The civil
state is on the model of a complete human body: without its
diverse servants, and orders of persons consisting of many mem
bers, it cannot exist. '
A much more subtle sort of corporatism is implied in the following
passage: .


97
^Luis Snchez Agesta, "Los orfgenes de la teora del Estado en
el pensamiento espaol del siglo XVI," Revista de Estudios Polticos,
LX11, No. 98 (March-Apri1, 1958), 90-91. Also F. Murillo Ferrol, "Soci
edad y polftica en el 'Corpus Mysticum Politicum' de Surez," Estudios de
Historia Social de Espaa (instituto "Balmes" de Sociologfa, Madrid),11
(1952), 101-103.
30
3 Labrousse, op. cit.. 1922.
39juan Beneyto, Historia de las doctrinas polticas (2a edicin
revisada; Madrid: Aguilar, 1950), 274.
40Sanchez Agesta, op. cit.. 96-97.
4^Pef. Fid.. Ill, I, 5, cited by Murillo Ferrol, op. cit.. 104.
"Potesque idem declaran naturali exemplo corporis humani quod sine capite
conservari non potest. Est enim humana respublica ad modum uni us corporis,
quod sine vari is ministris, et ordini'bus personarum, quae sint instare
plurium membrorum, subsistere non potest." £f. De Leg.. III. I, 5.
4^De Leg.. Ill, XXXI, 7 cited by Pierre Mesnard, El desarrollo
de la filosoffa polTtica en el siglo XVI [no trans.] (Rfo Piedras, P. R.:
Ediciones de la Universidad de Puerto Rico, 1956), 607. "Ita ¡n corpore
politico membra constitu per moralem cumjunctionem, quae non est ejusdem
rationis in omnibus communitatibus, sed cum proportione sumenda est,
constitu solent membra per naturalem originem."
^Jos Antonio Maraval1, La philosophie politique espagnole au
XVIIme siScle dans ses rapports avec 1'esprit de la contre-reforme.
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J. Vrin, 1955), 90.
441 bid.. 91-92.
45De Leo.. Ill, I, 3.
46Ibid.. I, III, 19.
4?Cf. Jean Touchard, Histoire des idees poli tiques (2 vols.;
Presses Uni vers i tai res de France, 1959), I, 299-302.
^Mesnard, op. cit.. 589.
49Pe Leo.. I, III, 9, 14, 17-18.
5Q|bid.. 111,1,4.
Paris:


143
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Vance, John T. The Background of Hispanic American Law: Legal Sources
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65
increasingly specializedis already apparent from what has been
said above. This proliferation has, in fact, made it difficult at
times to preserve the homogeneity of the sectors, as the number of
interests within each has multiplied.^ So far, however, it has pro
ven possible to contain these internal struggl.es, and, should the
rate of economic growth remain relatively steady, there is every
reason to believe that the political system will continue .to evolve
with it.


108
We have learned that some persons are making among themselves
associations and leagues, sealed by an oath ... or by other
binding means, against other persons. ... As we know by ex
perience, that these leagues and associations are not made in
many cases with good intent, and that from them follow scandals,
discord, and enmity, and the impediment of the execution of our
justice ... we order that it not be permitted 1nfantes, Dukes,
Counts, Maestros. Priors, Marquises, Magnates, Caballeros and
Escuderos of our cities, towns, and places, and councils and
other communities, and individual persons of whatever estate or
condition ... to form associations or leagues with the swear
ing of an oath, nor receiving the Host, nor by a pledge of
faith, nor by other bonds . [transgressors] will have our
ire and we shall, moreover, proceed against them. ...
This law, in its original form, remained in effect until the nineteenth
century, having been promulgated as Law 1, Title XIV, Book VIII, of the
Nueva RecopilaciSn and as Law 1, Title XII, Book XII, of the Novfsima.^
It was supplemented, in time, by other similar prescriptions designed,
apparently, to cover all possible cases. Thus, in 1392 the foregoing was
strengthened by an order declaring null and dissolved all those associa
tions, leagues, and groups bound by oath (juramentos v plevtos homenages")
already in existence, because the prohibition of said associations and
leagues is in the service of God and in ours. . ,2^
In 1462 Don Enrique IV extended the ban to Prelates and ecclesi
astical persons participating in parties, factions, leagues, and combines
[bandos, parcialidades. ligas, v monipodios]:11
we order that bishops and abbots and all other ecclesiastical
persons not be permitted henceforth to outrage the cities and
towns and places of our Kingdoms, nor may they show themselves
to be of party or faction, nor to make leagues nor
combines. .
At the same time it was observedand the ordinance was reconfirmed by
Charles l in Madrid in 1534that on occasion illicit leagues and jura
mentos had disguised their activities by hypocritically adopting a patron
saint, a reprehensible state of affairs:
I


121
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Palmer, R. R. The Age of the Democratic Revolution: The Challenge.
Princeton: Princeton University Press, 1959.
Revilla Vielva, R. Ordenes militares de Santiago. Alcantara. Calatrava y
Montesa. Madrid: V. Suarez, 1927.
Rumeo de Armas, Antonio. Historia de la prevision social en Espaa:
cofradas, gremios, hermandades, montepios. Madrid: [n.p.],
1944.


study, It is obvious that the Portuguese and Spanish backgrounds are suf
ficiently distinct so as to obviate their simultaneous consideration with
out a series of cumbersome qualifications. Furthermore, the institutional
development of modern Spanish American group structures seems to be re
lated to and in some way descended from the urban culture of the Colony;
it seems safe to say that the city was less of a focus of culture in
Colonial Brazi1.
It is really impossible for the author to disentangle the web of
his obligations to all those persons who have contributed, in one way or
another, to this study. He must acknowledge, however, the great and con
tinuing influence on his thinking of his undergraduate maestro, Professor
Lie. Jos Vasquez Amaral, who long ago made indelibly clear the richness
and bewildering complexity of Spani sh-Ameri can civilization. Thanks are
due also to the members of the Supervisory Committee; in particular to
its Chairman, Dr. Donald E. Worcester, whose guidance has been invalua
ble, and patience, nigh infinite; and to Dr. Lyle N. McAlister,^in one of
whose challenging seminars the central concept of this study germinated.
More generally, the author feels, deep gratitude toward the entire staff of
the Department of History, members of the'Committee or not, Latin Ameri
canists or not; they know better than I the labor that goes into the mak
ing of a beginning historian. Beyond the Department of History, many
others have given freely of their counsel: Professors Raymond E. Crist,
of Geography; T. Lynn Smith, of Sociology; Alfred B. Clubok, Manning J.
Dauer, Arnold J. Heidenheimer, and Harry Kantor, of Political Science;
and W. D. MacDonald, of the School of Law. Finally, and more than pro
9
forma, an awesome debt is owed my wife, Ortrud, -who not only has borne
VI


131
Smith, T. Lynn. Latin American Population Studies. ("University of
Florida Social Science Monograph," No. 8), Gainesville, Florida:
University of Florida Press, I960.
Stokes, William V. Latin American Politics. New York: Thomas Y. Crowell
Co., 1959.
Tucker, William P. The Mexican Government Today. Minneapolis: Univer
sity of Minnesota Press, 1957-
Walker. Linares, Francisco. "Evolucin Social," Desarrollo [National Uni
versity of Chile], I, 35-49.
Whitaker, Arthur P. "The Argentine Paradox," Annals of the American Acad
emy of Political and Social Sciences, No. 334 (March, 1961),
103-112.
Ycaza Tigerino, Julio. SociologTa de la poltica hispanoamericana.
Madrid: Seminario de Problemas Hispanoamericanos, 1950.
Zamora, Juan Clemente. "New Tendencies in Latin American Constitutions,"
Journal of Politics. Ill, No. 3 (August, 1941), 276-296.
The History of Political Thought, with some emphasis on the
modern "Corporatist" and "Piuralist"schools
Allen, J. W. A.History of Political Thought in the 16th Century. 2d ed.
London: Methuen and Co., ltd., 1941.
Beneyto, Juan. Historia de las doctrinas polTticas. 2d ed. revisada.
Madrid: Aguilar, 1950.
Bielsa, Rafael. Reflexiones sobre sistemas polticos. Buenos Aires:
Imprenta de la Universidad Nacional del Litoral [Santa Fe], 1944.
Bowen, R. H. German Theories of the Corporative State, with Special Ref
erence to the Period 1870-1919. New York: Whittlesey House,
1947.
Brief, Goetz. "Katholische Sozial 1ehre," Staats-Lexikon. VI, 295-300.
Carlyle, R. W., and Carlyle, A. J. Medieval Political Theory in the West.
6 vols. Edinburgh and London: W. Blackwood and Sons, 1950.
Carlyle, A. J. Political Liberty: A History of the Conception in the
Middle Ages and Modern Times. Oxford: The Clarendon Press, 1941.
Conde, Francisco Javier. Representacin poltica v regimen espaol:
ensayo pol\tico. Madrid:Subsecretara de Educacin Popular,
1945.


62'
depends on two sets of factors extrinsic to it. One set is related
to the viability of the organs of interest aggregation; the other to
the type and extent of group organization throughout the entire socio
political structure.
An extended discussion of the interest aggregation function
is beyond the scope of the present study. The point at issue is
merely whether the group can obtain satisfaction of its demands
through the channels that have been institutionalized by the particu-
>
lar political system. It is of little account whether such'interest
is realized by a captive political party, or through the aggregative
machinery of a broad-based pragmatic party, or--bypassing the party
system and legislative bodies entirely--through the direct dispensa
tion of the executive or the bureaucracy. So long as the demands can
be met (and so long as other groups are not thereby disadvantaged,
generating a crisis situation) there is every reason for the group to
operate within the effective system.
The second set of factors is perhaps of even greater impor- .
tance. It is patent that in an. industri alizing society, the number
of economic activities and occupational specialties will proliferate
rapidly; and even when new groups tend soon to acquire the characte
ristics of inclusiveness-as seems to have happened in Mexicoit
follows that the base of resources available to each becomes progres
sively narrower, its strategic position grows less sensitive. Further
with the proliferation of interests the possibilities for tactical
coalitions increase as well. These conditions are in radical contrast
to those in the traditional societies of Spanish. America, where the


48
In summation, a number of points have emerged that will be taken
as working principles. First of all, following Ehrlich, no distinction
among groups will be made on the basis of tactics, except in those cases
in which behavior is patently anomic," outside the rules of the game"
as defined by the society. As Blanksten notes, certain types of behavior
which would probably be condemned as anomic" elsewhere--nonviolent coups
d'etat and street demonstrations short of mob" actionseem to possess a
degree of sanction in Spanish America. Whatever may be said about the
coup dj_ltat, it seems clear that the street demonstration is part of the
normal" inventory of political action available to specific groups, most
notably university students and recognized" labor unions. By and large,
however, whether a Spanish American group seeks satisfaction of its in
terest through unspectacular orderly" procedures, or exercises heavy
pressure," seems to depend almost entirely upon factors ext ri nsic to the
group: the viability or nonviabi1ity inherent or temporaryof the
organs of interest aggregation, the fortunes of the nation's economic life,
and--a factor about which little information is in fact availablethe
rules of the game" themselves.
Other exclusions seems also to be required. For the reasons given
above, no distributive cl ass ification--one based in "subject matter"--
would seem to be useful; nor, following Meynaud, is it desirable to at
tempt distinctions on the basis of the "material" or "nonmaterial" nature
of the group's interestsuch distinctions would probably, in any case,
turn out to be much less elementary than they appear. The categories
erected by Almond present rather a different problem. It has been shown
that, on a preliminary basis, the study of the loci of power in Spanish


56'
phase indicated by Truman. Those Spanish American groups that might
reasonably be expected to seek organizationagricultural and indus
trial workers and segments of the bureaucracybut who have not yet
achieved it, can be identified and, for the moment, set aside.
Is it political?
Are the group's activities of a sort or of a magnitude that
the probability exists that it will formulate demands on the polity,
either in isolation or through the medium of aggregating groups or
"tangents"? By asking this question it is possible to eliminate many
varieties of social and recreational groups, although these may well
serve other political functions.
Is it functionally organized?
Is the group organized so as most efficiently to perform its
assigned duty or attain its received end? By definition, most occu
pational and associational groups are functionally organized. If the
national structure is under study, however, it is necessary to deter
mine at this point whether the group's membership is also national,
and if so, whether the organization is centralized or decentralized.
Is it institutionalized?
Does the group possess patterns of reciprocal behavior tending
to promote internal stability and permanence in time? It is of
course precisely on this point that many of Spanish America's .'.'move
ments" have broken down; the reasons usually giventhose based in
Spanish "individualism" and "temperament"are not satisfying.


41
the governance of the university's Internal affairs; the right of sanctu
ary, which hinders the access of local or provincial police to the uni
versity's grounds; the monopoly of the granting of degrees in certain pro
fessional fields.^
This last character!stIc suggests that the "free" professions
law, medicine, engineering, archltecture--share the same sort of sanction
as the universities In which they are taught. They are heteronomous to
the degree In which their professional associations are institutionalized
18
by basic statute, and membership made obligatory.
The same point might be made concerning phenomena In the economic
sphere as well. The entes aut$nomos are by definition functional groups
granted a degree of fiscal and managerial autonomy so as better to provide
services deemed essential to the economic well-being of the collectivity.
Such services, it should be noted, Include not only those frequently found
"nationalized" elsewhere--power and light, telephones and telegraph, mu-
nlclpal transport, the national railroad netbut also a degree of regula
tion of the production and marketing of basic commoditiese.q., the cof
fee "boards" and petroleum "monopolies." One might also cite In this con
nection the preferential and protective measures, and the frequent direct
participation of public capital, In aid of the establishment of new indus
tries required by plans for economic development. This phenomenon is, of
course, world-wide In our time, and is far from peculiar to Spanish
America; it does seem, however, that the Intellectual rationale and the
degree and kind of recognition granted are very much of a piece with the
more specifically Spanish American phenomena cited above.


117
A final word. There is no intention to assert that Spanish Ameri
can societies are highly group-structuredor highly corporate--to the ex
clusion of other modes of organization. On the contrary, it seems that
these societies exhibit, in jumbled confusion, many disparate organiza
tional forms. Until now, however, a simplistic outlook has tended to em
phasize class and ethnic differences, to the neglect of other, possibly
more promising, means of conceptualizing their structures and processes.
The foregoing study has attempted to rectify this neglect.
r*
\


88
to found a society following a structure already existing a.
priori. There cannot be anarchy [which Gierke had found la
tent in Suarez1 formula] when moral agents make manifest in a
solemn act a norm inherent in their fundamental nature.78
He therefore proposes the use of Rommen's term 'consensus" ("berein-
kunft") to characterize the transfer.
The power of the public authority to enact and enforce the law
is both absolute and relative. "The civil power is said to be supreme
in its order, when in respect to the ends of the latter and in observa
tion of its limits, it (the civil power) makes the final decisions per
taining to its sphere, that is, for the total community in which its
80
power rests." The civil power is thus supreme in its sphere (the par
ticular community), and in its order (the political). The end of the
political order is the bonum commune; therefore, the civil power is su
preme in all acts tending to achieve the common good, it is limited to
this order, however, and is not supreme in the individual order (vita
monastica). nor in the domestic or economic order (vita domestica), ex
cept insofar as its intervention in these orders tends to promote the
common good.
It is at this point that the relationship of inferior groups to
the state is made explicit. The potestas iurisdictionis of the ruler is,
and must remain, indivisible. To be sure, it may freely be delegated,
"for this is a matter which depends upon the free exercise of the wi 11
But it cannot be shared with lesser communities. "Lesser communities
82
do not have the power to enact their own laws." Sovereignty, the power
to enact laws, is reserved utterly to the state. The group may, at best,
establish conventional statutes, as a matter of custom, for the governance


84
special volition, or common consent, by which they are gathered
together into one political body through one bond of fellowship
and for the purpose of aiding one another in the attainment of
a single political end. Thus viewed, they form a single mystical
body which, morally speaking, may be termed essentially a
unity. . .53
The ontological argument is similar: for in all varieties of physical
or moral entities, without any union of distinct plurals there does not
54
emerge any unity from those standing in propinquity."
The single political end" for which they unite, the end for
which the family or any other imperfect society is not self-sufficient,
is the bonum commune, a term rendered unsatisfactorily in English by
"common good" or commonweal." Suarez cites the Thomistic doctrine the
common good is the prime measure by which the justice, utility, and con
venience of the laws are judged.55 it is not, for Suarez, the eternal
or temporal felicity of individuals as individuals; rather,
its end is the natural happiness of the perfect human community.
It bears the community's burdens and those of individuals, in
sofar as those individuals are members of the community; so
that they may naturally live in peace and justice and with the
sufficiency of material goods required for the preservation of
physical existence; and with that probity of custom necessary
for the external peace and happiness of the state, and for the
proper protection of human nature.5
The Corpus mvsticum politicum that is the result of the political
organization of men to achieve the common end, the bonum commune, is a
iictive person57 with moral or institutional continuity in time.5^ The
term f¡ctive does not prevent the state, as a moral person before the
positive law, from being held responsible for its collective acts, as in
the case of an unjust war."^ At this point, one has the impression that
the Corpus mvsticum politicum of Suarez begins to draw remote from the
individuals who comprise it, and that it begins to become in a vague way


142
Linares Quintana, Segundo V. Tratado de la ciencia del Derecho constitu
cional argentino y comparado. 7 vols. Buenos Aires: Editorial
Alfa, 1956 ff.
Martnez Alcubilla, Marcelo, comp. Cdigos antiguos de Espaa: coleccin
de todos los cdigos de Espaa, desde el Fuero Juzgo hasta la
Novsima Recopilacin. 2 vols. Madrid: Administracin J. Lpez
Camacho, Impresor, 1885-1886.
Nebrija, Elio Antonio de. Lxico de Derecho civil. Translation of the
Lexicon Juris Civil is [Salamanca. 1506], with notes and introduc
tion by Carlos H. Nunez. Madrid: Consejo Superior de Investiga
ciones Cientficas, Instituto "Francisco de Vitoria," 1944.
Ossorio y Gallardo, Angel. Los derechos del hombre, del ciudadano, v del
estado. Buenos Aires: Editorial Claridad, 1946.
Recasns Siches, Luis. "Pensamiento filosfico, social, poltico, y ju
rdico en Hispano America," Revista Mexicana de Sociologa. VI
(January, 1944), 85-121; VI (May, 1944), 225-245.
. Vida humana, sociedad y derecho: fundamentadn de la filosofa
del derecho. 3a ed. Mxico: Editorial Porrua, 1952.
Riaza, R. "El derecho romano y el derecho nacional de Castilla durante el .
siglo XVI1I," Revista de Ciencias Jurdicas y Sociales [Madrid],
XII (1929), 104-128.
Sherman, Charles P. Roman Law in the Modern World. 3 vols. Boston: The
Boston Book Co., 1917.
Smith, Herbert A. The Law of Associations. Corporate and Unincorporate.
Oxford: The Clarendon Press, 1914.
Smith, Munroe. The Development of European Law. New York: Columbia Uni
versity Press, 1928.
Sohm, Rudolf. The Institutes: a Textbook of the History and System of
Roman Private Law. Translation by J. C. Ledlie. 3d ed. Oxford:
The Clarendon Press, 1907.
Spain (laws, statutes, etc.). Los cdigos espaoles, concordados y
.anotados. 2a ed. 12 vols.Madrid:A. de San Martn, 1872-
1873.
. Recopilacin de leves de los revnos de las Indias, mandadas
imprimir y publicar por la Magestad catlica del rey Don Carlos 11.
nuestro seor.. 2a ed. 4.vols. Madrid: A. Balbas, 1756.


CHAPTER I I I
GROUPS AND THE STATE IN THE POLITICAL
THOUGHT OF THE SIGLO DE ORO
I "
In the preceding pages, a hitherto relatively unexplored area
of Spanish American socio-political phenomenathose comprised under
the unwieldy rubric "sanctioned institutionalized functional groups"-"
has been demarcated, and methods and terminology for its study have been
proposed. Such groups, it seems likely, constitute a major variety of
social "solidarity"; moreover, as evidence from the highly "stylized"
Mexican system seems to indicate, their study may offer.an important ap
proach to the functional analysis of the political culture of the area.
It is clear, however, that until a number of such studiespreferably
by several handsshall become available, the necessary evaluation and
modification of methods and theoretical categories cannot take place.
The present work must therefore seek yet another means with which to
make the study of Spanish American group phenomena manageable.
It was suggested earlier that there exists a marked si mi lari ty-
between many modern Spanish American "inclusive" groups and the corpora
tions of the Old Regime, and also, possibly as a consequence, a more
tenuous similarity between certain of the political processes of the two
periods. It does not seem justified, however, to posit direct institu
tional continuity save perhaps in exceptional cases. How, then, is one
to account for the seeming persistence of patterns of group behavior and
of the devices with which such behavior is.stabi>ized or institutionalized?
69


a minimum of cross-cutting solidarities. Such groups obviously possess a
gi;eat potential for formulating extreme demands on government, and for
pursuing an inflexible line unless and until they are met. However, the
possibility that even inclusive groups can be articulated into a viable
political system is indicated by the example of modern Mexico, where this
seems to have occurred.
This classification scheme is applicable to the contemporary pres
ent, and conceivably also to certain problem areas of the more remote
past; it remains, however, an heuristic device which does not permit the
investigator to penetrate very deeply the thick texture of Spanish-
American social life. Nor does it take into account the apparent phenom
enon of group persistence (in Pareto's terminology)--the fact, that is,
that there exists a strong formal resemblance between the institution
alized functional groups of modern Spanish America and the corporations
of the Colonial Old Regime. In order to follow out the implications of
this observation, and in order further to determine what is specifically
and uniquely Spanish American about such groups, the problem is translated
into one in intellectual history, more particularly, the history of polit
ical and legal theory. Chapters are therefore devoted to the treatment in
the political thought of the Golden Age of the relationship of groups to
the state, and to the development of the Spanish concept of juridical
personality and of the law of corporations in the Early Modern Period.
Because of the extreme scarcity of preliminary studies in either of these
areas, the essays cannot be developed extensively; they must serve only as
points of departure for further historical studies along similar lines.


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6
in the strength and pervasiveness of the premisealmost universal among
United States and Latin American scholarsthat the national social struc
tures of the area can best be described as "stratified/1 A consideration
of this premise, and of some of its implications, is of some value at this
point.
The adjective "stratified," as one may tend to forget, is a meta
phor taken from the earth sciences, and like other metaphors put to uses
for which they were not intendedit appears to have been, in the Latin
American context, overvjrked. Certainly it cannot be denied that, as one
way of describing the society, "stratified" is accurate enough. One may
agree with Sorokin that:
social stratification means the differentiation of a given pop
ulation into hierarchically superposed classes. It is manifested
in the existence of upper and lower layers. Its basis and very
essence consist in an unequal distribution of rights and privi
leges, duties and responsibilities, social values and privations,
social power and influences among the members of a society. y
As every visitor to the area is awareand the confusion may begin at pre
cisely this pointwealth in every national social structure is unevenly
distributed in a more or less gross, and highly visible, way. That the
possession of wea11halong with other factors, primarily lineage and
occupationconfers social status, is also obvious. Finally, effective
power, defined as "the probability that one actor within a social rela
tionship will be in a position to carry out his own will, despite resist
ance, regardless of the basis on which this probability rests,is also
unevenly distributed, being correlative to wealth and status. That is to
say, in every national and social structure there exists at least one
generalized hierarchy based in economic, social, and political determi
nants; in nations possessing compartmentalized indigenous subcultures,


136
. La teora espaola del estado en el siglo XVII. Madrid: In
stituto de Estudios Polticos, T§447 ~
Mariana, Juan de. The King and the Education of the King. Translated
from the Latin first edition [Toledo: Petrus Rodericus, 15991,
by George Albert Moore. Washington: Country Dollar Press, 1948.
Masterson, Peter V. "Suarez and his Times1.1 in Francisco Suarez: Addresses
in Commemoration of his Contribution to International Law and Pol
itics. Washington: Catholic University of America, 1933.
Menendez y Pel ayo, Marcelino. Historia de los heterodoxos espaoles. 2
edicin refundida. 7 vols. Madrid: V. Suarez, 19H-1932.
I
Muri1lo-Ferrol, Francisco. Saavedra Fajardo y la poltica del barroco.
Madrid: Instituto de Estudios Polticos, 1957.
. "Sociedad y polftica en el 'Corpus Mysticum Politicum1 de
Suarez," Estudios de Historia Social de Espaa [Instituto "Balmes"
de Sociologfa, Madrid], II (1952), 93-112.
Naszaly, Emi1. El estado segn Francisco de Vitoria. Translated by P.
Ignacio Menendez-Reygada, 0. P. Madrid: Editorial Cultura His
pnica, 1948.
Nys, Ernest. Le droit des gens et les anciens iursconsultes espagnoles.
The Hague: Nijhoff, 191 -
Parker, A. A. "The Roots of the Spanish Dilemma," Cambridqe Journal.
VII, 8 (May, 1953), 451-474.
Parry, John H. The Spanish Theory of Empire in the Sixteenth Century.
Cambridge: Cambridge University Press, 1940.
Perpifia Rodrfguez, A. "La doctrina de los grupos sociales en Vitoria y
Suarez," Revista Internacional de Sociologa, Ano II (1952). '
Recasens Si ches, Luis. La filosofa del derecho de Francisco Suarez.
Madrid: V. Suarez, 1927. Ibid., segunda edicin corregida y
aumentada. Mexico: Editorial Jus, 1947.
Reibstein, E. Johannes Althusius ais Fortsetzer der Schule von Salamanca.
Karlsruhe: Verlag C. F. Muller, 1955
Rommen, Heinrich. Pie Staatslahre des Franz Suarez, S. J. Mnchen-
Gladbach: Volksvereins-Verlag, 1926.
Sanchez Agesta, Luis. El concepto del estado en el pensamiento espaol
del siglo XVI. Madrid: Instituto de Estudios Polticos, 1959.


14
an immensely difficult problem which can only be worked out empirically
for the specific problem under study.
The question of multiple role-playingthat is, the behavior of
individuals subjected to competing discipiines--is also central to the
elaboration of any comprehensive "group theory" for Spanish America.
There is evidence, as will be shown in the next chapter, that many second
ary groupsarmed forces, universities, institutionalized bureaucracy,
labor syndicates, even some professional associations--afford the individ
ual both a major source of discipline and a major source of material and
psychological gratifications. It will be possible, in fact, to postulate
as an extreme case the "inclusive" group, a form that would be almost
totally irrelevant for the United States context.
The style of the articulation of groups into the "normal" politi
cal process is a function of the nature and strength of the institutions
of "interest aggregation," particularly the party system and the legisla-
pn
tive branch of government. Where these are feeble, or where functional
a
groups are articulated directly into the apparatus of.government, an un
usual political style will result--one less similar, perhaps, to "tradi
tional" Anglo-Saxon practices, than to the political processes of the
Spanish Colony.
The discussion has proceeded until this point a priori; a set of
general propositions has been thrown out that obviously requires further
refinement, if, however, attention is turned to a preliminary empirical
study of data already available, it will be found that virtually the same
set of criteria applied in the discussion of classes can also be applied
to the examination of groups.


7
several such generalized hierarchies exist. The historian, furthermore,
is aware that this has long been so, that in the Colony, in fact, the
hierarchy of estates received formal institutionalization or sanction from
the Crown in the form of differential private and public law legislation
for the h: dalauia. the pecheros, the Indians, and the gente v?1as well
O
as for more particularized groups. Difficulties begin to multiply, how
ever, when an attempt is made to transmute these strata into social
classes, and then to deducelargely from assumptions or knowledge of the
political behavior of United States or West European "classes"the polit
ical consequences that will, or should, ensue.
A case in point is John J. Johnson's Political Change in Latin
America: the Growth of the Middle Sectors.^ "Middle Sectors," be it
noted, for the author carefully refrains from using the term "classes" or
"middle classes." However, he does not supply any criteria that will help
identify and characterize these sectors and type the varieties of their
political action; instead, the reader is given a series of ex post facto
categories"nationalism," improved communications, etc.that explain,
presumably, the growth of these sectors. The result is, the reviewer of
the London Times Literary Supplement notes, that "the term 'middle sec.-,
tors' is applied so widely that the reader will wonder whether anyone but
a few landowning oligarchs and isolated peasants is excluded. .
The author shows, nevertheless, that new occupational groups have emerged
in recent years, in the Plata, in Chile, in Southern Brazil, in the Valley
of Mexico, and elsewhere; that they can be tagged with convenient overall
terms such as "commercial," "entrepeneurial," "managerial," and "bureau
cratic"; and they have begun to act politically. What has not been shown


87
A number of points in the citation above may be elaborated upon.
It is apparent that it is the usufruct of power that is alienated ("after
that power has been transferred to a given individual, and even though
it may pass as the result of various successions and elections into the
possession of a number of individuals, the community is always regarded
as its immediate possessor . .").' The transfer is made to the prince
or public authority not by virtue of his person but by virtue of his of
fice; but once made, the transfer is absolute ("he wields this power as
its proper owner and as one entitled to it by virtue of his peculiar
office.").^
Furthermore, while Suarez expresses a preference for monarchy,
this whole matter turns upon human counsel and human choice."7^ Mon
archy, aristocracy, and democracy, or some mixed form of two or all three
of them, are conceivable.
Finally, the quasi-contractual nature of the transfer of power
from the community to the public authority is made clear in the conclud
ing phrases of the citation; Suarez apparently leaves.open the possibil
ity that the community may expressly reserve powers and rights unto it
self. Labrousse thus interprets the transfer of power as an operation -
in two stages, original with Suarez: the creation of the Corpus mvsti-
cum polit?cum is a form of social contract; it is followed by a pact of
subjection, the act of free men.?? Mesnard, on the other hand, finds
the concept of "contract" inappropriate for Suarez1 thought, as.the lat
ter leaves little scope to the individual discretion. He writes,
there cannot exist excessive individualism in a conception that
limits the intervention of citizens to a free adhesion through
which they recognize the necessity of political life and decide


58
Is the group strategic?
1. By virtue of the group's sensitive position within the
socio-political or economic organization of the nation?
2. By virtue of its possession of large resources of men
and money?
3. By virtue of the high operational status of the group at
large or its leadership cadre?
4. By virtue of the access obtained to the decision-making
process through the forms of group/government articula
tion determined under the previous heading?
In certain situations, items 3 and 4 may represent but the
informal and formal sides of the same coin: in a "traditional" so
ciety, the high status c>f landowners or general officers may afford
them informal means of access to governmental counsels equal or su
perior in efficacy to those possible through the formal relations of
the group with the polity.
Is the group inclusive?
The concept of the inclusive group makes it possible to take
account of the problems of multiple role-playing and cross-cutting
solidarities.^ The group that can command the almost undivided
allegiance of its members obviously prossesses a greater potential
for formulating extreme demands, and for.pursuing an inflexible line
in furtherance of them, than one whose membership is subjected to con
flicting and divisive disciplines. The statements Of both Whitaker
and Blanksten, cited earlier, indicate that some major Spanish Ame
rican groups do possess this characteristic, with uncertain conse
quences for the viability of the national political systems of which
they are components. Scott's comment on Mexican groups is also to th
point:


73
"Influences" remains rather more complicated. In the development of in
ternational law, the debt of Grotius to Vitoria and Suarez has long been
acknowledged.^ More recently, a German scholar, Ernst Reibstein, has
argued cogently that certain similarities between the doctrines of the
Spanish school and the proto-pluralist system of Johannes Althusius
p
similarities first pointed out by Gierkewere more than apparent; that,
in fact, Althusius had borrowed heavily from the Dominicans Vasquez de
Menchaca and Covarrubias. With respect to Suarez, the Doctor Eximio.
Alain Guy has written:
The influence of Suarez on his posterity was very large, but
often subterranean or sparsely cited; until the middle of the
eighteenth century the Metaphysical Discussions served as the
official philosophy text in numerous universities (above all
in Germany), and Protestants as well as Catholics made good
use of them as a repository of learning (a repository, however,
lacking in the contributions of the mathematical and experi
mental sciences, signposts of the modern age). It has been
established that Descartes, Leibniz, Grotius, Heerebord,
Glisson, Fichte, Schelling, and Hegel drew from them.
It is clearly unjustified, therefore, to think of the Spanish late-
Scholastic school as sterile, even within the context of European phi
losophy. Its influence in Spain's overseas dominions was still more
marked.
The importance of Suarez, in particular, for the formation of a
specifically Spanish American political and legal philosophy has received
much attention, of an ambiguous sort, in recent years. As long ago as
'927, it should be noted, the Guatemalan-born legal scholar Luis Recasens
Siches contributed a masterful study of Surez1 juridical thought.^
However, in 1946 an historiographic trend and a minor polemic were ini
tiated with the publication of Manuel Gimnez Fernndez' "Doctrinas


49
American socio-political structures seems to require that the two
categories "institutional interest groups" and "associational in
terest groups" be combined into one, "institutionalized functional
groups." In this way it should prove possible to avoid the diffi
culties inherent in. the application of concepts subjectively weighted
t
in favor of voluntary and private groups as against those articu
lated into, or dependent upon, the structure of government. Al
mond makes use of two further categories, both of them obviously
relevant to the study of Spanish American political processes:
"nonassociational interest groups" and "anomic movements." Any de
cision to exclude the formeithe "class" or "class/status," "kin
ship," "ethnic," and "locality" solidaritiesfrom a classification
of Spanish American group phenomena must be on an operational basis,
and in doing so the purely heuristic nature of such a classification
is made nakedly plain. Nevertheless, the exclusion can be justified
on two grounds:
1. The requirements of space simply do not permit a sys
tematic consideration of them; at most their existence
must be acknowledged, and their modes of action touched
upon tangentially.
2. It is probable that investigators of the area already
possess much more information about these solidarities
than about the type of solidarity central to this study:
the occupational or associational group.
"Anomic movements," on the other hand, are almost by definition mani
festations of random, nonclassifiable behavior. Until a more precise
definition of the "rules of the game" is available it is not possible
to include them in a systematic treatment.


68
"Group Interest and the Law," Journal of Legal Education, XI I I
(i960), 59-66. As Krastin notes, the belief that groups should be
granted recognition before the law is diluted by a reluctance to
do so.
^Truman, op.cit., 506-507.
3^0nly Ecuador possesses a formalized "functional" or
"corporative" representation (comprising part of the Senate).
Austin F. MacDonald, Latin American Politics and Government (2d ed.;
New York: Thomas Y. Crowell Co., 195*0, *+72.
The concept is adapted from William Kornhauser, The Po-1 i t ? cs
of Mass Society (Glenco, 111.: The Free Press, 1959), 78-82. If
Kornhauser's conceptual scheme is applied in toto to Spanish America,
one would have to conclude that the area's social structure Is
"communal" and "medieval." This does not seem helpful.
34Robert E. Scott, Mexican Government in Transition (Urbana:
University of Illinois Press, 1959), 94.
35pp.cit., 40.
^Scott, op.cit., 284; William P. Tucker, The Mexican Govern
ment Today (Minneapolis: University of Minnesota Press, 1957), 218-
220. All business enterprises are legally required to belong to the
appropriate Chamber of Commerce or to the Chamber of the industry in
which they are operating.
^Tucker, op.cit., 371.
38lbid., 84
39see Scott, op.cit., 81, for the perquisites and emoluments
of the federal civil service: low-cost housing, special commissary
privileges, a hospital, 50 percent rebate on drugs, yearly bonuses, etc.
401 bid., 162-176. Scott uses the apt term "corporate central
ism" to describe the system.
4^ Ibid., 165-167, for a statistical tabulation of the parties
groupings. Howard F. Cline, Mexico: Revolution to Evolution (Royal
Institute of International Affairs; London: Oxford University Press,
'%2), 345-346, f urnishes the same table, adding estimates of the
socio-economic class levels of the party's groupings.
42Scott, op.cit.. 133-134.'
43 Ibid.. 24.
44Ibid.. 162-164, 169-170. '


61
it might also be proposed that the Spanish American extended family
also serves the bridging function.
The classification scheme sketched above seems sufficiently
flexible to permit significant statements about a variety of groups.
I 1
The armed forces meet all of the criteria: they are organized, poli
tical, functionally organized, institutionalized, sanctioned, stra
tegic (on all counts), and inclusive (on all counts). The univer
sities are far less strategic, and somewhat less inclusive. About
the other major groups fewer generalizations can be made: in the
case of a bureaucracy much will depend on whether or not it has been
institutionalized (divorced from the spoi1s system); the political
efficacy of a labor union will depend on the extent of its sanction
(whether government interventors may be appointed, and in general,
whether it is free from the threat of gross repression).
It would seem also that this scheme can be utilized in cer
tain investigations of the near and distant past as well. The "in
clusive" category, in particular, appears applicable to studies of
the urban structure of the Colony; in this connection, for example,
the functional relationship of the cofrada, (as religious fellowship
and mutual-assistance society) to the qremio becomes clear. However,
adjustments would undoubtedly have to be made in the scheme, as well
in conceptualizations of the other solidarities cited earlier.
For studies of present-day political behavior, the identi
fication and classification of group types are but preliminary.steps.
The inclusive group may exist as an isolated entity; whether it be
haves as one in normal or abnormal political situations, however,


76
that, on the question of groups, there existed agreement among the
late-Scholastics.
The medieval (including, in this context, Scholastic and late-
Schol ast ic) concept of society has frequently been characterized, espe
cially since the late nineteenth century, as "organic." Superficially,
there seems ample justification to do so. As Lewis writes, ^
the doctrine of the Church, Aristotle's emphasis on speciali
zation of function as the essence of "the perfect community,"
and the actual stratification of medieval society all led to
the concept of society as an elaborately articulated structure
in which each member had his own appropriate rights and duties,
assigned him not for his own sake but for the sake of the well
being of the whole; and thus not necessarily equal to the
rights and duties of others; a structure unified and directed
to the common end by the supreme control of a single ruler,
whose right was similarly based on his usefulness to the com
mon end rather than on his responsiveness to a common wlll.2^
A number of modern commentators have, however, used these concepts as
pegs on which to hang their own theses. Gierke was wont to believe that
"properly medieval thought" ascribed an intrinsic value to every partial
whole down to and including the individual, and felt that the "failure"
of medieval thought lay in its refusal to take the logically consequent
O
step of granting real juridical personality to intermediate groups.
Had it done so, it would have more closely resembled Gierke's own
_Genossenschaftstheorie.^ Similarly, Heinrich Rommen, departing from v
his interpretation of modern corporatism, emphasizes the analogy between
the body social and the physical body of the human individual:
There was no Scholastic who did not avail himself of the or
ganic analogy. . The well-ordered constitution consisted
of the proper distribution of functions among the members and
in the appropriate activity, strength and composition of each
member; . .all the members were to fulfill and sustain them
selves in their functions, but were never to lose sight of the
advantage of the others, and were to consider an injury to one


Bl BLIOGRAPHY
Theoretical Approaches to the Study of Groups
Almond, G. A., and Coleman, J., eds. The Politics of the Developing
Areas. Princeton: Princeton University Press, I960.
Cowan, Thomas A. "Group Interests and the Law," Virgin?a Law Review.
XXXXIV (April, 1958), 331-346.
ed. "A Symposium on Group Interests and the Law," Rutgers Law
Review. XIII, No. 3 (Spring, 1959), 429-603.
DeGrazia, Alfred. "Nature and Prospects of Political Interest Groups,"
Annals of the American Academy of Political and Social Sciences,
No. 319 (1958), 113-122.
Duguit, Leon. Law in the Modern State. Translated by Frida and Harold
Laski. New York: B. W. Huebsch, 1919.
Duverger, Maurice. Droit constitutionnel et institutions politiques. 3d
edition. Paris: Presses Universitai res de France, 1958.
Easton, D. "An Approach to the Analysis of Political Systems," World
Politics. IX, No. 3 (April, 1957), 383-400.
Eulau, H., Eldersfield, S. J., and Janowitz, M., eds. Political Behavior:
a Reader in Theory and Research. Glencoe, 111.: The Free Press,
1956.
Germani Gino. La sociologTa cientfica. Mexico: Biblioteca de Ensayos
Sociolgicos, Instituto de Investigaciones Sociales, Universidad
Nacional [1956]. .
Gurvich, G. D. Sociology of Law. New York: Philosophical Library and
Alliance Book Corp., 1942.
\
___ and Moore, W. E., eds. Twentieth Century Sociology. New York:
The Philosophical Library, 1945.
Kaiser, J. H. Die Repra'sentation organi si erter Interessen. Berlin:
[n.p.], 1956.
Kornhauser, William. The Politics of Mass Society. Glencoe, 111.: The
Free Press, 1959.
118


77
to be an injury to all. The [juridical] norms of the proper
relationship as an organ, on the one side, and the concern
for the members on the part of the supreme civil authority,
were determined and regulated through special forms of justice,
the iustitia legalis and the justitia distributiva. Further,
the concept of the functional differentiation of the members
of the organism was carried over to social life, giving rise ^g
to the necessity of occupational, corporative, differentiation.
It is quite true that this analogy was made regularly. In Thomas Aquinas
one finds, "As private individuals all men who belong to one community
are considered to be almost (quasi) one body, and the whole of the com
munity is considered to be almost (cuasi) one man.,,29 The use of "al
most" makes clear the limited utility of the figure. In other writers
of a less subtle or more literal turn of mind, however, the analogy was
pressed much furtheiin the case of John of Salisbury, to the point of
indelicacy.The Spanish late-Scholastics also accepted the comparison,
andas will be shown belowmade varying uses of it. It is therefore
not surprising that they included considerations of the nature and po
litical role of groups in their systems. The formulae that emerged from
these considerations, however, were far from simple, or simplistic.
Much of the confusion created by modern commentators is the re
sult of unclear terminology, writes Lewis:
If by an organic theory we mean a theory which emphasizes the
harmony between the individual and organized society, which
sees political organization not as merely restrictive but as
positively necessary to the fulfillment cf human nature; which
visualizes social bonds as deeply rooted in human need, and
not in a mere revocable and deliberate contract; which derives
all political rights not from individual rights but from common
purposes; which, from objective considerations of utility, is
led to approve an inequality of political rights and the exist
ence of spheres of absolute and irresponsible authoritythen
medieval [i,e.. Scholastic] political theory was organic.*
On the other hand,


81
thus in a political body the members thereof customarily come
together for moral association, not, in all the corporations,
as determined by the reason, but from natural impulses. These
should be allowed within due measure.
Association, that is, is a natural impulse of man, and is not always to
be explained by the reason. Thus choice based on rational calculations
of self-interest (including a contractual relation between people and
state) is to a degree circumscribed.
In the seventeenth century the framework became less overtly
Scholastic; the language seems to reflect a more direct sociological ob
servation. In 1626 Juan Pablo Mrtir Rizo wrote, in his Norte de prin-
cipes, that the republic is a body composed of several members whose
diverse operations have for their object and supreme end the good govern
ment, the increase and preservation of the body of which they are the
members. Consequently, this will be the just government, with supreme
authority, of many families and of that which they have in common.
The word families, however, may not have retained its exclusive conno
tation of consanguinity; Maravall comments on the striking formulation
of Diego Tovar y Valderrama in the latter's Instituciones polticas of
1645;
the republic is an aggregation of many families forming a
civil body with different members: a supreme power serves
them as chief, and maintains them under just government. In
this union are contained the means of preserving temporal life
and meriting eternal life." . The corpus of the state
writes Maravallis formed by other organic human groups: the
families. These are the material or the parts of which is
formed this corpus . they are no longer individuals, nor
are they the families that constitute the immediate members of
the mystic body of the republic, but rather much vaster congre
gations of individuals characterized by diverse occupations or ^
employments." . Tovar enumerates these members or estates,
which he limits to eight: the clergy, the magistracy . the
army, the nobility, agriculture, commerce, the liberal and


CHAPTER II
SPANISH AMERICAN INSTITUTIONALIZED FUNCTIONAL GROUPS:
A TENTATIVE CLASSIFICATION SCHEME
Within certain limits, United States and European studies of in
terest groups," pressure groups," and the like, provide a useful point of
departure for a typology designed for the beginning study of similar phe
nomena in a Spanish American context. This corpus of literature, however,
has grown bewi1deringly large and diffuse in recent years; any borrowings,
therefore, must necessarily be selective and somewhat arbitrary. It is
necessary, also, to guard against the importation into the Spanish American
context of normative statements, or of generalizations raised from non-
Hispanic experience and applicable solely to the latter. This means, in
effect, that the formulations borrowed must be at a relatively high level
of abstraction, or must consist of categories of questions whose relevance
is demonstrable or obvious.
The working definition given by Jean Meynaud seems appropriate:
Sociology sees in the group a factor of specific behavior, a .
mechanism for the unification of [individual] conducts. It con
siders it an ensemble of persons united by a system of reciprocal
relations, an entity recognized as such by its own membersand
generally also by the remainder of the collectivityby virtue
precisely of the particular type of behavior engendered. . .
The pressure group constitutes a variety of this general cate
gory. . One may define it as an aggregate of individuals
who, on the basis of a community of attitudes, express demands,
formulate desires, or take positions that affect, directly or
indirectly, other actors in the social life. This conception
is sufficiently broad to embrace all the types of demands sus
ceptible of formation. It covers the desire to obtain a larger
part of the national revenue as well as the wish to put an end
to racial persecutions. Thus the interest group does not
32


98
5*Loe, cit.
52lbid.. 111,11,4.
53Lqc. cit. Cf. also ibid.. 1, VI, 22.
5Sbid., Ill, 1, 5.
55J_bJ_d., I, VI, 4.
^1 bid.. Ill, XI, 7 cited by Solana, op. cit.. Ill, 504. "Ejus
finem esse felicitatem naturalem communitatls humanae perfectae, cujus
curam gerit, et singularum hominum, ut sunt membra talis communitatis, ut
In ea, scilicet in pace et justitia vivant, et cum sufficients bonorum,
quae ad vitae corporal is conservationem et commoditatem spectant, et cum
ea probitate morum, quae ad hanc externam pacem at felicitatem reipubr
licae, et convenientem humanae naturae conservationem necessaria est."
57Pe Leg.. I, VII, 7.
^^1bid.. 1, X, 14, cited by Mesnard, op. cit.. 588. "Communitas
autem perpetua est et semper eadem, licet successive membra ejus varientur
vel augeantur.11
"ibid.. Ill, IV, 4.
60Cf. also De Leg.. 11 I, I 1, 4.
^John Neville Figgis, Political Thought from Gerson to Grotius.
1414-162^ (New York: Harper & Bros., I960), 190-217.
^^Murillo Ferrol, op. cit., 98-101, 110, gives a lucid exposi
tion. This strict separation of Church and State was general among the
Spanish theorists, with the sole exception of Mariana. Mesnard notes
ironically that modern liberals have erred egregiously in "converting
into a predecessor of modern democracy the only important political the
orist who upheld the principle of clerical absolutism." Op. cit.. 529.
63pe Leg., II, I, 1.
64l-bid.. 111,11,4.
k5j_bj_d., ill, l, 4. See also above, fn 40.


128
_ La poblacin indgena y el mestizaje en Amrica. Buenos
Ares: Editorial Nova, 1954.
Samoyoa Guevara, H. H. Gremios guatemalenses. Guatemala: Ministerio
de Educacin Publica, 1961.
Smith, Robert S. "The Institution of the Consulado in New Spain," His
panic American Historical Review. XXIV (1944), 61-83.
. "Origins of the Consulado of Guatemala," Hispanic American
Historical Review. XXVI (1946), 150-160.
Torre Revello, Jose. El gremio de plateros en las Indias occidentales.
Buenos Aires: Imprenta de la Universidad, 1932..
Zorraqun Becu, Ricardo. La justicia capitular durante la dominacin
espaola. ("Facultad de Derecho y Ciencias Sociales [Buenos
Aires], Instituto de la Historia del Derecho, Conferencias y
comunicaciones," No. 17.) Buenos Aires: Imprenta de la
Facultad, 1947. >
. La organizacin judicial argentina en el perodo hispnico.
Buenos Aires: Librera del Plata, 1952.
Socio-political Structures of Contemporary Spanish America
Adams, Richard N. et al. Social Change in Latin America Today: Its Im
plications for United States Policy. Introduction by Lyman
Bryson. 1st ed. New York, Published for the Council on Foreign
Relations by Harper, I960.
Alba, Victor. Le mouvement ouvrier en Amerique Latine. Paris: Edi
tions Ouvrires, 1953.
Alvarez Andrews, Oscar. "Las clases sociales en Chile," Revista Mexi-
cana de Sociologa. XIII, No. 2 (May-August, 1950, 201-220.
Bag, Sergio. "Diagrama poltico de la Argentina de hoy," Cuadernos
Americanos. XV, No. 6 (November-December, 1956), 38-57.
Beals, Ralph. "Social Stratification in Latin America," American Journal
of Sociology. LVI11 (1952-1953), 327-339.
Beneyto, Juan. "Los puntos de partida de la organi zacion pol tica hi s-
panoamericana," Revista de Estudios Polticos. LIX, No. 91
(January-February, 1957), 145-168.
Blanksten, George. "Political Groups in Latin America," American Politi
cal Science Review. LI I (March, 1959), 106-127.


25
They showed that the state does not absorb all of the loyal
ties of the individual in the political community, as had been
asserted, but that many lesser associations . also lay claim
to the faith, attachment, devotion, and obedience of the individ
ual, and that these claims are acknowledged by responsive be
havior. The state, said the pluralists, is merely one associa
tion among a host of associations, both factually and rightfully;
and far from absorbing the entire allegiance of the individual,
the state must compete with conflicting group loyalties, some
of them invincible. . The pluralists did useful work when
they evaporated the misty figment of the state which the idealists
had presented as a colossus of unity . having an autonomous
and independent life and existence apart from the lives and per
sonalities of the members of the political community. But while
this spectral personality was exorcised from the state by the
pluralists, they materialized the phantasm in other bodies. . .
What was denied to the state . was claimed for other associa
tions. . One would have thought that the arguments that
caused the rejection of the real personality of the state should
also have caused the rejection of the real personalities of other
group associations. Or conversely, if the non-state associations
had real personalities, it was difficult to see why the state
should be denied one, since it was also an association.
It needs hardly be said that the objectives of the present study are not
normative, but analytical. The preliminary data, furthermore, make it
likely that one of the major themes of the study will have to be precisely
that relationship between the state and its component groups about which
the pluralists were so unclear. That group life should be "voluntary" and
"autonomous" may be an attractive desideratum; a value-laden emphasis upon
such phenomena clearly has no place in an analytical study, particularly
as will be suggested latera study of Spanish American societies. Any
borrowings, therefore,from the work of the pluralists will have to be on
a cautiously eclectic basis.
The considerations raised by Latham are restated by Goetz Briefs
from another point of view of which it is also necessary to take
cognizance:


34
enough, only organized groups are able, at any given point in time, to take
action in defense or advancement of their interests; nevertheless, as
Truman says:
Although no group that makes claims on other groups In the soci
ety will be found without an interest or interests, it is possi
ble to examine interests that are not at a particular point in
time the basis of interactions among individuals, but that may
become such. ... A "becoming" stage of activity must be recog
nized as a phase of activity if any .segment of a moving social
situation is to be understood.4
For the historian of Spanish America, the search of such groups as agrarian
and industrial workers for leadership, ideology, and governmental recogni
tion, and the efforts of pre-existing groups to aid or hinder, deflect or
capture these organizational measures, are recurring themes. It is not,
however, possible to deal schematically with this "becoming" stage, beyond,
pointing out the probable processes that such organization will follow.
Other requirements that such a typology must meet can best be indi
cated by a review of three applications to the group phenomena of the area
of conceptualizations derived from non-Spanish American experience. The
first is included within the essay on "Latin America" by George Blanksten,
which forms part of the collection The Politics of the Developing Areas
edited by Gabriel A. Almond and James S. Coleman."* Blanksten sees more or
less clearly the need to modify the investigational categories proposed in
Almond's theoretical essay, as when he writes: "In traditional Latin
American society there is a tendency for each interest groupoften with
little voiceto fend for itself.And:
In the politics of the United States and of the Uni-ted Kingdom,
it is possible to draw a sharp distinction between political
parties and political interest groups. In those "Western" coun
tries, "political parties tend to be free of ideological rigid
ity, and are aggregative, that is, seek to form the largest


18
should utilize this discipline in situations not pertaining directly to
the internal affairs of the group. The questions, when, to what extent,
and within what limits" are explicitly left open.
it has been shown that, on a preliminary basis, the concept of
groups may well prove as useful an investigational tool for coming to an
understanding (Verstehen, empirical and intuitive comprehension, in the
Weberian idiom) of Spanish American social and political processes as that
of classes--if perhaps not more so. It should be reiterated, however,
that the approach is nominalist; the concept of groups is an heuristic de
vice demanding a constant and subtle dialectic between data and the in
tellectual apparatus brought to bear upon the data, and is, al fin v al
cabo, an invention of the investigator's mind. On this basis, the two
concepts, groups and classes, are not incompatible; their relative valid
ity as investigational tools can be determined in either of two ways:
through the discovery of data conforming to sets of criteria assented to
in advance as valid criteria by other investigators in the field, or, more
importantly, through evaluation of the results obtained when the tools are
applied to specific congeries of data, i,e., problem areas.
For a simpler conceptualization, however, it can be noted that- a
corrective has recently been proposed to the metaphor stratified" as ap
plied to Spanish American social structures. In a forthcoming interpre
tive essay, Social Structure and Social Change in New Spain,^3 |_# n.
McAlister suggests that the society of the late Colony is best character
ized notas is usually the caseas stratified," but rather as conglom
erate." This term again is a metaphor drawn from the earth sciences, and
bears all the limitations inherent in such borrowing. Nevertheless, the


with uncommon grace the existence of a graduate student's wife for almost
five years, but who also contributed materially to the present study: the
translations from the Latin in Chapter III are her doingbut of course my
responsibility.


21
Such privileged fueros or jurisdictions [as that of the
Army] were the juridical expression of a society in which the
state was regarded not as a community of citizens enjoying equal
rights and responsibilities, but as a structure built of classes
and corporations, each with a unique and peculiar function to
perform. Joaquin Escriche y Martfn notes the existence of
thirty-four privileged jurisdictions, which included those of
the military, the clergy, the corporations of merchants and the
mining industry. Each of these possessed its own tribunals
which operated outside the hierarchy of royal courts. 0
All of these excerpts make clear the relevance of the juridical
approach to the study of prenineteenth-century Hispanic group structure;
Morse's statement, in addition, indicates the probability that a close
relationship between juridical and political theory will be found. The
latter two excerpts, moreover, point toward the existence in the late
Colony of a very distinctive political style. In the absence of repre
sentative institutionssave, perhaps, for the cabi1 do. whose significance
is still a matter of scholarly dispute--petitions, appeals, requests, were
elevated directly from the individual or integral group to the king or
the apparatus of his government; the royal dispensation flowed downward
by the same route. Individual and group interests might be weighed against
one another, compromises struck, accommodations reached, at the level of
the Council of Indies, or the Viceregal audiencia. or the cabi1 dobut al
most invariably on an ad hoc basis. A permanent apparatus of "interest
aggregation" was not created.
The author's research into the variables impinging upon the occu
pation and settlement of the Buenos Aires pampa from roughly 1776 to 1852
have indicated strongly that this movement in all its aspects, political,
social, economiccan not be understood without conceding a large degree
of significance to the corporate behavior of the gremio de hacendados, and


119
Krastin, Karl. "Group Interest and the Law: a Reaction," Journal of Le
gal Education. XIII, No. 1 (i960), 59*66.
Loomis, Charles Price, and Loomis, Z. K. Modern Social Theories: Se
lected American Writers. Princeton: Van Nostrand, 1961.
Meynaud, Jean. Les groupes de press ion en France. (Cahiers de la Fonda-
tion Nationale des Sciences Politiques, No. 95-) Paris: Li-
brairie Armand Colin, 1958.
Orgaz, Raul A. Sociologa: introduccin y teora del grupo instituciona-
1 i zado. Primera parte. Crdoba: ed. del autor, 19^+3.
Parsons, Talcott. The Structure of Social Action: a Study in Social
Theory with Special Reference to a Group of Recent European
Writers. 2d ed. Glencoe, ill.: The Free Press, 1949.
et al. eds. Theories of Society. 2 vols. Glencoe, 111.: The
Free Press, 1961.
Rauscher, Anton. Subsidiaritatsprinzip und BerufsstMndische Ordnung in
Cuadragsimo Anno: eine Untersuchung zur Problematik ihres
Gegenseiti gen Verhaltnisses. Mnster/Wf.: Aschendorfssche
Veriagsbuchhandlung, 1958.
Riggs, Fred W. "Agraria and Industria: Toward a Typology of Comparative
Administration," in Toward a Comparative Study of Public Adminis
tration. ed. W. J. Stiffen. Bloomington, Ind.: University of
Indiana Press, 1957. .
Truman, David B. The Governmental Process: Political Interests and Pub-
1ic Opinion. New York: Alfred A. Knopf, I960.
[Weber, Max]. From Max Weber: Essays in Sociology. Translated, edited,
and with an introduction by H. H. Gerth and C. Wright Mills. New
York: Oxford University Press, 1958.
Znaniecki, Florjan. The Cultural Sciences, their Origin and Development.
Urbana: University of Illinois Press, 1952.
Socio-political Structure of Spain in the Early Modern
Period. 1500-1800
Altamira y Crevea, Rafael. Historia de Espaa y de la civilizacin
espaola. 5 vols. Barcelona: J. Gili, 1900-1930.
. Manual de historia de Espaa. Madrid: Aguilar, 1934.
Ballesteros, Po. "La funcin poltica de las Reales Chanci11erias
coloniales." Revista de Estudios Polticos. XV (1946), 47*109.


4
phenomenon In the United States "pluralistic" experience; Is this a sig
nificant point of differentiation?
At a higher level of abstraction, is one to assume, following
Beneyto, that "fragmentation"a group structure lacking, more or less
permanently, intergroup cohesivenesscan be understood entirely as the
preclpitate of the Argentine Institutional experience? Rather, Inasmuch
as a nation's group structure Is obviously closely related to the types
of economic activity carried on within the national borders, is it not
more reasonable to maintain that Argentine "fragmentation" is in some way
a function of both her received history and her attained stage of economic
and hence also occupationalcomplexity? The question then arises: as
suming, as the Latin Americanist does, a high degree of homogeneity in the
socio-political and juridical institutions of the area, is It possible to
erect an heuristic framework with which to begin the study of the insti -
tutional bases of Hispanic American national group structures? That Is,
is the institutional homogeneity sufficiently great so as to permit the
elaboration of a constant set of definitions and investigational catego
ries, one which Is yet not at such a high level of abstraction so as to
be meaningless? If this can be done, it would seem perfectly feasible
then to take proper account of the differential in economic development
between, e.g., Argentina or Southern Brazil on the one hand and Paraguay
or Honduras on the other, by applying, as variables, data on economic
diversification so as to arrive at a more accurate estimate of the extent
and morphology of the group organization in a given national society.
The foregoing critique of Whitaker's article was not intended,
certainly, to be an essay in logic-chopping. Th point is, rather, that


115
^Prxedes Zancada, Derecho corporativo espaol; organizacin del
trabajo (Madrid: J. Ortiz [19291). 46-47.
bid., 45. See also R. Leonhard, Uber Handwerkgilden und
VerbrOderungen in Spanien," Jahrbcher fr Nat ional Bkonomi e und Statistik.
3d Series. XXXVU (1909), 740-42.


16
group thesis, especially were it applied in instances of "crisis" poli
tics. However, extant studies employing either of these methods are vir
tually nil, and judgment must be reserved. On the other hand, it is prob
able that many Latin Americanists already have presumptions concerning the
strength of a number of discrete, group-based, value systems: those of
the Church (taken here to mean not only clericals but also their immediate
families, lay action groups, and the personnel of church schools and pub
lications), the armed forces, and the universities. It would probably be
possible also to elucidate almost as wel1-demarcated value systems for
professional groups and for "traditional" elite groups, particularly
landowners.
"Discipline" was alluded to earlier as another potential approach
for the gathering of data. The concept must be developed here, for it is
central to group theory. From Johnson's study, or from one similar, it
would be impossible to conclude that there exist, in Spanish American
"classes," "chiefs," administrative staffs, and patterns of authority and
loyalty among leaders and led. However, preciselv such internal disci
pline is characteristic of many of the Spanish American groups for which
information is available. The concept is taken from Max Weber: .
"corporate action" is either the action of the administrative
staff, which by virtue of its governing or representative au
thority is oriented to carrying out the terms of its order, or
is the action of the members as directed by the administrative
staff. ... It is indifferent, so far as the concept is con
cerned, whether the relation is of a communal or associative
character. It is sufficient for there to be a person or per
sons in authority . whose action is concerned with carrying
into effect the order governing the corporate group. This cri
terion is decisive. . Whether a corporate group exists is
entirely a matter of the presence of a person in authority,
with or without an administrative staff. More precisely, it
exists so far as there is a probability that -certain persons


37
Association of Electronic Engineers in a nation in which no electronic
industry exists.
Aside from the patent scarcity of preliminary monographic studies,
the major difficulty confronting both authors seems to have been concep
tual For the purposes of this work the problems can best be isolated in
the essay by Almond, already cited, which Blanksten (overtly) and Sil vert
(apparently) took as a point of departure. Almond begins by positing, for
the comparative study of political systems, a "universality of political
structure"and a "universality of political function"--every political sys
tem, that is, comprises a number of organs performing, often in a "multi
functional" way, a di serete number of functions that are classifiable at
a high level of abstraction. The author then erects a conceptual frame
work in which four political act i vities--political socialization and re
cruitment, interest articulation, interest aggregation, and political corn-
mum cati on--are set under the rubric "Input Functions"; and three--rule-
making, rule-application, and rule-adjudicationunder "Output Functions."
There can be no doubt that Almond's formulations point to significant in-
1 2
vestigations that might be undertaken by Latin Americanists.
For the problem at hand, however, a distortion may well have been
introduced. As has been noted above, Almond subdivides the "interest ar
ticulation function" by hypothesizing four categories of groups performing
this function; and one wonders whether one of the distinctions made--that
between "institutional" interest groups and "associational" interest
groups is entirely valid for the Spanish American context. "By institu
tional interest groups we have in mind phenomena occurring within such


PREFACE
The dissertation that follows represents an attempt to open up
for scholarly discussion an area of Spanish-American socio-political phe
nomena that has been, as yet, very little studied. This areawhich, in
the present state of the art, can rightfully be called a problem areais
the group structure of the Spanish-American societies, and more particu
larly, tne social and political behavior of large, secondary, occupational
groups. The latter have been chosen as the focus of attention because, it
is felt, much less is known about them than about other Spanish-American
group solidaritiesclass/status groups, kinship groups, ethnic groups,
locality groups. Moreover, an analysis of their political behavior and
of their articulation into the political system seems to offer access to
a more precise understanding of the workings of the system itselfin this
connection the general question is raised, what are the similarities and
differences between Spanish-American fragmentation" and North American
pluralism"? The available evidence on such groups as student and profes
sional associations, the military, the bureaucracy, labor syndicates,
etc., is reviewed, and it is hypothesized that there exists sufficient in
stitutional homogeneity within Spanish America to permit the erection of
heuristic devices for the beginning classification and study of the groups
of the entire area.
For to describe in a general way the group phenomena of Spanish
America is but part of the problem; it is also necessary to find methods
9
through which these phenomena can be made amenable to precise examination.


130
. La reforma universitaria y la universidad latinoamericana; tres
conferencias v un mensaje. Buenos Al res: Compaa Editora y Dis-
trlbuidora del Plata, 1957.
Mendleta y Nez, Lucio. La administracin publica en Mexico. Mexico:
Imprenta Universitaria, 1942.
. Las clases sociales. Mexico: Instituto de Investigaciones
Sociales, Universidad Nacional, 19^+7.
"Ensayo sociolgico sobre la burocracia mexicana," Revista
Mexicana de Sociologa. Ill, No. 3 (September-December, 1941),
63-111.
. Sociologa de la burocracia. Mxico: Universidad Nacional
utSnoma de Mexico, 1961.
. Teora de los agrupamientos sociales (la mechanizacion social).
Mxico: Instituto de Investigaciones Sociales, Universidad
Nacional, 1950. 1
. La universidad creadora y otros ensayos. Mexico: Editorial
Cultura, 1936.
Michels, Roberto. "Das Problem der Strukturanderung ¡n einigen sdameri-
kanischen Staaten, ¡nsbesondere Argentinien und Brasil¡en, zumal
im Hinblick auf den i tal ienischen Einfluss," Weltwirtschaftli ches
Archiv [Jena], XXXIV, No. 2 (1930), 565-597.
Page, Chas. A. "Labor's Political Role in Latin America," Virgini a Quar
terly Review. XXVIII, No. 4 (Autumn, 1952), 481-489.
Palermo, Angel. "Notas sobre la clase media en Mxico," Ciencias Sociales
[Washington], III, Nos. 14 and 15 (April-June, 1952), 18-27; No.
18 (December, 1952), 129-135.
Sanchez, Luis Alberto. La universidad latinoamericana. Guatemala: Edi
torial Universitaria, 1949.
Scott, Robert E. Mexican Government in Transition. Urbana: University
of Illinois Press, 1959.
Shuck, L. Edward, Jr. '"'Di stri but i ve Democracy1 in the Americas: An
Analysis of the Pern Regime |in Argentina." Berkely: unpublished
Ph.D. Dissertation, University of California, .1948.
Sil vert, K. H. Reaction and Revolution in Latin America: The Conflict
Societv. New Orleans: Hauser Press, 1961.


A THEORETICAL APPROACH TO THE STUDY
OF SPANISH AMERICAN INSTITUTIONALIZED
FUNCTIONAL GROUPS
By
RONALD CHARLES NEWTON
A DISSERTATION PRESENTED TO THE GRADUATE COUNCIL OF
THE UNIVERSITY OF FLORIDA
IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE
DEGREE OF DOCTOR OF PHILOSOPHY
UNIVERSITY OF FLORIDA
August, 1963

PREFACE
The dissertation that follows represents an attempt to open up
for scholarly discussion an area of Spanish-American socio-political phe
nomena that has been, as yet, very little studied. This areawhich, in
the present state of the art, can rightfully be called a problem areais
the group structure of the Spanish-American societies, and more particu
larly, tne social and political behavior of large, secondary, occupational
groups. The latter have been chosen as the focus of attention because, it
is felt, much less is known about them than about other Spanish-American
group solidaritiesclass/status groups, kinship groups, ethnic groups,
locality groups. Moreover, an analysis of their political behavior and
of their articulation into the political system seems to offer access to
a more precise understanding of the workings of the system itselfin this
connection the general question is raised, what are the similarities and
differences between Spanish-American fragmentation" and North American
pluralism"? The available evidence on such groups as student and profes
sional associations, the military, the bureaucracy, labor syndicates,
etc., is reviewed, and it is hypothesized that there exists sufficient in
stitutional homogeneity within Spanish America to permit the erection of
heuristic devices for the beginning classification and study of the groups
of the entire area.
For to describe in a general way the group phenomena of Spanish
America is but part of the problem; it is also necessary to find methods
9
through which these phenomena can be made amenable to precise examination.

The sine qua non, the constant factor without which the social and politi
cal behavior of Spanish-American groups would not take the form it does,
seems to lie in the structure of the group itself. That is, a concept of
the Spanish-American group is necessary before any further statements can
be made about the behavior of groups. And, since the study is more con
cerned with the political activity of groups than with their sociology
per se, it is necessary to include in such a concept means for determining
the group's political potency, for determining in how far the group may be
considered the locus of effective political power.
For this purpose, it would seem that highly developed European and
North American "interest-group" concepts might be adaptable to the Spanish-
American context. Therefore, three not altogether successful attempts by
other authors (Blanksten, Silvert, Linares Quintana) to erect interest-
group typologies for the area are analyzed, and the requirements and ex
clusions of any such scheme are determined. The point is emphasized that,
on the basis of available evidence, the investigator should expect to find
much overt linkage between organized interests and the formal apparatus of
government, a decisive interpenetration of society and polity; he should
therefore divest himself of any value-laden biases in favor of "voluntary"
and "autonomous" associations. It also seems ncessary to attach rather
more significance to the group's basic legal statute than would be re
quired in a North American context. Using concepts developed by Almond,
and some of the terminology of Weber, a scheme for the classification of
"institutionalized functional" groups is erected. Its final term is the
"inclusive" group, that which affords its membership a major source of
9
discipline and of material and psychological satisfactions, and allows of
i i i

a minimum of cross-cutting solidarities. Such groups obviously possess a
gi;eat potential for formulating extreme demands on government, and for
pursuing an inflexible line unless and until they are met. However, the
possibility that even inclusive groups can be articulated into a viable
political system is indicated by the example of modern Mexico, where this
seems to have occurred.
This classification scheme is applicable to the contemporary pres
ent, and conceivably also to certain problem areas of the more remote
past; it remains, however, an heuristic device which does not permit the
investigator to penetrate very deeply the thick texture of Spanish-
American social life. Nor does it take into account the apparent phenom
enon of group persistence (in Pareto's terminology)--the fact, that is,
that there exists a strong formal resemblance between the institution
alized functional groups of modern Spanish America and the corporations
of the Colonial Old Regime. In order to follow out the implications of
this observation, and in order further to determine what is specifically
and uniquely Spanish American about such groups, the problem is translated
into one in intellectual history, more particularly, the history of polit
ical and legal theory. Chapters are therefore devoted to the treatment in
the political thought of the Golden Age of the relationship of groups to
the state, and to the development of the Spanish concept of juridical
personality and of the law of corporations in the Early Modern Period.
Because of the extreme scarcity of preliminary studies in either of these
areas, the essays cannot be developed extensively; they must serve only as
points of departure for further historical studies along similar lines.

The study of Spanish American groups can therefore be considered
a problem in sociology, in behavioral political science, in political
\
theory, or in law. For the historian's purposes, it would seem that all
four approaches are required in conjunction. This appears a large order,
yet in reality, historians have always felt free to synthesize materials
from other disciplines. This is done, however, on an operational basis;
the level of complexity or abstraction is no higher than that required
for the elucidation of the problem at hand. For this reason, the rank
ings and classifications proposed in Chapters I and II are left to the
historian's subjective judgment; there appears to be no requirement to
make the material subject to quantification. The most serious obstacle,
in fact, to the simultaneous employment of these multiple approaches seems
to be the difficulty of acquiring a working knowledge of Roman and civil
law.
The-author wishes to apologize for the occasional intrusion of
jargon or of neologisms, particularly in Chapter II. Their use seems un
avoidable if precision and neutrality of terminology are to be achieved,
* \
but one cannot be entirely happy with the results. Similarly, several
of the points made in Chapters I and II seem self-evident, almost banal.
As is indicated, however, they have not been self-evident to other writ
ers. In any case, the group phenomena of Spanish America represent largely
untrodden ground, and perhaps it is just as well that their study begin
with a set of elementary definitions and formulations. A final word is
necessary about the justification for the exclusion of Brazil.' Since one
of the objectives pursuedespecially in the last two chaptershas been
that of achieving some kind of empathic relat ion-with the societies under
v

study, It is obvious that the Portuguese and Spanish backgrounds are suf
ficiently distinct so as to obviate their simultaneous consideration with
out a series of cumbersome qualifications. Furthermore, the institutional
development of modern Spanish American group structures seems to be re
lated to and in some way descended from the urban culture of the Colony;
it seems safe to say that the city was less of a focus of culture in
Colonial Brazi1.
It is really impossible for the author to disentangle the web of
his obligations to all those persons who have contributed, in one way or
another, to this study. He must acknowledge, however, the great and con
tinuing influence on his thinking of his undergraduate maestro, Professor
Lie. Jos Vasquez Amaral, who long ago made indelibly clear the richness
and bewildering complexity of Spani sh-Ameri can civilization. Thanks are
due also to the members of the Supervisory Committee; in particular to
its Chairman, Dr. Donald E. Worcester, whose guidance has been invalua
ble, and patience, nigh infinite; and to Dr. Lyle N. McAlister,^in one of
whose challenging seminars the central concept of this study germinated.
More generally, the author feels, deep gratitude toward the entire staff of
the Department of History, members of the'Committee or not, Latin Ameri
canists or not; they know better than I the labor that goes into the mak
ing of a beginning historian. Beyond the Department of History, many
others have given freely of their counsel: Professors Raymond E. Crist,
of Geography; T. Lynn Smith, of Sociology; Alfred B. Clubok, Manning J.
Dauer, Arnold J. Heidenheimer, and Harry Kantor, of Political Science;
and W. D. MacDonald, of the School of Law. Finally, and more than pro
9
forma, an awesome debt is owed my wife, Ortrud, -who not only has borne
VI

with uncommon grace the existence of a graduate student's wife for almost
five years, but who also contributed materially to the present study: the
translations from the Latin in Chapter III are her doingbut of course my
responsibility.

TABLE OF CONTENTS
Page
PREFACE i !
Chapter
I THE PROBLEM 1
II SPANISH AMERICAN INSTITUTIONALIZED FUNCTIONAL
GROUPS: A TENTATIVE CLASSIFICATION SCHEME 32
111 GROUPS AND THE STATE IN THE POLITICAL THOUGHT
OF THE SIGLO DE ORO 69
IV SOME NOTES ON THE LAW OF ASSOCIATIONS IN
SPAIN AND THE COLONY 101
VCONCLUSIONS ¡ 116
BIBLIOGRAPHY 118
vi I i

CHAPTER I
THE PROBLEM
Despite the recent appearance of a number of major interpretive
works by Spanish and United States scholars, students of Hispanic America,
or of the Hispanic world, have as yet only a very imperfect understanding
of the role played in the historical processes of those areas by human so
cial groups. There is every reason to believeas will be, in passing,
made clearthat the group concept may represent a more precise investiga
tional tool than many heretofore available to the Hispanicist; at the same
time, however, it is also apparent that the concept is adaptable to a
rather broad range of problems, each requiring its own focus, technique,
and subject materials. There exists, that is, along with the opportunity
for a more penetrating analysis, the serious risk of confusion. Both as
pects are implicit in the following quotation from the Spanish social his
torian Juan Beneyto:
A history is social when it is faithful to the society as it has
revealed itself in each epoch, in the totality of its groups and
structures. The incarnation of history, the dense experience
that the past brings to bear, is relatedeven connectedto the
participation of groups in the common life. The unfolding of
crises may even be deduced from the examination of these group
ings. It follows thatas Verlinden observes--the concept of
group, in all its forms, may turn out to be determinant, and
that therefore . the study of those groups in some way domi
nant or influential must be important. The concept of group is
demanded so imperiously that the social historianis obliged
. to ponder the forms of communal life. The concept of group,
further, serves to expel the concept of class. . Groups may
associate, and frequently do associate, in class" ways, but
not invariably. Farme/s and cattlemen, industrialists and
merchants, diverse professionals and persons-grouped temporarily,
1

2
have at each moment their specific configuration. . Thus
the subjects of the historian are the orders of chivalry and
the guilds, workmen's associations and the Societies of Friends
of the Nation; but also, relevantly, kinship groups, which in
earlier times had the strength of factions, and still today
possess singular facilities for access to public life and in
corporation into the social process. Also a subject is .-.
the generation, as vaguely delimited as it is effectively ac
tive. We may conclude by emphasizing the necessity of treating
of the origins and transformations of those groups whichas
Konetzke has written in reference to the problems of Hispanic
American social history"are a structured organization, form
a particular body, and represent an intelligible unity.
The sheer variety of groups that Beneyto proposes to investigate is large:
"elites," occupational groups, tangential groups (the eighteenth-century
Societies of Friends of the Country), kinship groups, the "generation" (a
distinctively Hispanic concept that may deserve more attention than it has
received from Anglo-Saxons). And the problem areas to be considered are
formidable: questions of continuity and change (". . the dense experi
ence that the past brings to bear," the succession in time of present-day
workmen's associations to the earlier guilds), the behavior of groups in
"crisis" situations, the relation between the institutional structure of
Hispanic America and that of the Metropolis, the compatibility or non
compatibility of the "class" concept and the "group" concept. There is
ample scope here for the sociologist, the political scientist, and the.
historian. But also, as Beneyto remarks in another context, "there is no
institutional structure without a juridical structure."2 It is probable,
that is, that the study of Hispanic group structure will require the ap
plication of the techniques of comparative law and, ultimately, political
theory as wel1.
For the United States student of Latin America, these problems of
definition and focus might be considered in a slightly different light.

3
By way of illustration, a recent analytical article by Arthur P. Whitaker
3
on the political culture of post-Peron Argentina is highly relevant.
After reviewing the causes of the continuing crisis and the irreconcilable
behavior of armed forces, Church, Peronist labor unions, the university
groups, and industrialists, the author goes on to generalize:
Socially and politically, Argentina is a highly fragmented
country. Its fragmentation is different from the pluralism
which many of us think is one of the best attributes of society
in the United States. In Argentina, the divisions are sharper,
deeper, and more numerous, and the several fragments either do
not communicate with each other at all or else do so mainly to
quarrel and fight. Hence the widespread feeling of frustration
and loss of direction that embitters domestic differences and
tends to perpetuate them.
It is obvious that Whitaker's statement raises many more questions
than it answers. The first and most fundamental of these is, in what wav
is Argentine "fragmentation" different from American "piuralismf'? And why
should the divisions be "sharper, deeper, and more numerous"? (This last
adjective is dubious, Tf it is taken to mean that there are absolutely or
even relatively more "fragments" in the Argentine than "groups" in the
United States. The point will be considered in a more generalized con
text below.). What of the "fragments" themselves? Can they properly be
characterized as groups, social entities possessing a leadership cadre, a
base of membership, a received "interest," and institutional devices to
ensure their durability in time? For, if the "differences . [are]
perpetuate[d]," may not one also suppose that the structures among which
the "differences" exist are perpetuated? Why, too, should relations among
these structures be characterized by the extremes of indifference and
friction? Such a polarization of attitudes has been a relatively rare

4
phenomenon In the United States "pluralistic" experience; Is this a sig
nificant point of differentiation?
At a higher level of abstraction, is one to assume, following
Beneyto, that "fragmentation"a group structure lacking, more or less
permanently, intergroup cohesivenesscan be understood entirely as the
preclpitate of the Argentine Institutional experience? Rather, Inasmuch
as a nation's group structure Is obviously closely related to the types
of economic activity carried on within the national borders, is it not
more reasonable to maintain that Argentine "fragmentation" is in some way
a function of both her received history and her attained stage of economic
and hence also occupationalcomplexity? The question then arises: as
suming, as the Latin Americanist does, a high degree of homogeneity in the
socio-political and juridical institutions of the area, is It possible to
erect an heuristic framework with which to begin the study of the insti -
tutional bases of Hispanic American national group structures? That Is,
is the institutional homogeneity sufficiently great so as to permit the
elaboration of a constant set of definitions and investigational catego
ries, one which Is yet not at such a high level of abstraction so as to
be meaningless? If this can be done, it would seem perfectly feasible
then to take proper account of the differential in economic development
between, e.g., Argentina or Southern Brazil on the one hand and Paraguay
or Honduras on the other, by applying, as variables, data on economic
diversification so as to arrive at a more accurate estimate of the extent
and morphology of the group organization in a given national society.
The foregoing critique of Whitaker's article was not intended,
certainly, to be an essay in logic-chopping. Th point is, rather, that

5
while the author's perception of the structural factors Involved In
present-day Argentine "fragmentation" was probably quite accurate, he did
not have available to him the techniques, or even the terminology, with
which to push the analysis forward. It is the purpose of the present
study to work toward the creation of such techniques and terminology. For
arbitrary reasons, only the Spanish-speaking nations will be considered;
therefore, the problem becomes that of determining whether there Is such
a thing as a specifically Spanish American group, and if so, what Is spe
cifically Spanish American about It. Given the extreme scarcity of ear
lier studies In this field, the procedure here must necessarily be that of
moving from the known to the unknown; all conclusions reached must be
considered tentative and subject to later revision. The possibility, how
ever, that a number of problem areasas implied In Beneyto--may be ren
dered more amenable to scholarly investigation makes the undertaking
worthwhile. Or as George Blanksten, speaking for the political scien
tists, says:
The bulk of the work . done by "North American" political
scientists In Latin America has generally Involved, in one way
or another, the description of formal structures of governments.
It has often taken the form of translating the written consti
tutions . and abstracting or summarizing these legal provi- .
slons. . This type of activity reaches the point of diminish
ing returns. . [However] this [i,e.. political groups] is a
major area of our ignorance In Latin American politics. We know
virtually nothing about the area's political groups, and there Is
some virtue In our beginning to acquire that knowledge for its
own sake. . .5
It Is, in fact, rather curious that this 1 acuna should have been
permitted to exist In the conceptual baggage of the Latin Americanist, for
group theory, as developed In the United States and Western Europe, Is by
no means new. A major reason for Its neglect until now undoubtedly lies

6
in the strength and pervasiveness of the premisealmost universal among
United States and Latin American scholarsthat the national social struc
tures of the area can best be described as "stratified/1 A consideration
of this premise, and of some of its implications, is of some value at this
point.
The adjective "stratified," as one may tend to forget, is a meta
phor taken from the earth sciences, and like other metaphors put to uses
for which they were not intendedit appears to have been, in the Latin
American context, overvjrked. Certainly it cannot be denied that, as one
way of describing the society, "stratified" is accurate enough. One may
agree with Sorokin that:
social stratification means the differentiation of a given pop
ulation into hierarchically superposed classes. It is manifested
in the existence of upper and lower layers. Its basis and very
essence consist in an unequal distribution of rights and privi
leges, duties and responsibilities, social values and privations,
social power and influences among the members of a society. y
As every visitor to the area is awareand the confusion may begin at pre
cisely this pointwealth in every national social structure is unevenly
distributed in a more or less gross, and highly visible, way. That the
possession of wea11halong with other factors, primarily lineage and
occupationconfers social status, is also obvious. Finally, effective
power, defined as "the probability that one actor within a social rela
tionship will be in a position to carry out his own will, despite resist
ance, regardless of the basis on which this probability rests,is also
unevenly distributed, being correlative to wealth and status. That is to
say, in every national and social structure there exists at least one
generalized hierarchy based in economic, social, and political determi
nants; in nations possessing compartmentalized indigenous subcultures,

7
several such generalized hierarchies exist. The historian, furthermore,
is aware that this has long been so, that in the Colony, in fact, the
hierarchy of estates received formal institutionalization or sanction from
the Crown in the form of differential private and public law legislation
for the h: dalauia. the pecheros, the Indians, and the gente v?1as well
O
as for more particularized groups. Difficulties begin to multiply, how
ever, when an attempt is made to transmute these strata into social
classes, and then to deducelargely from assumptions or knowledge of the
political behavior of United States or West European "classes"the polit
ical consequences that will, or should, ensue.
A case in point is John J. Johnson's Political Change in Latin
America: the Growth of the Middle Sectors.^ "Middle Sectors," be it
noted, for the author carefully refrains from using the term "classes" or
"middle classes." However, he does not supply any criteria that will help
identify and characterize these sectors and type the varieties of their
political action; instead, the reader is given a series of ex post facto
categories"nationalism," improved communications, etc.that explain,
presumably, the growth of these sectors. The result is, the reviewer of
the London Times Literary Supplement notes, that "the term 'middle sec.-,
tors' is applied so widely that the reader will wonder whether anyone but
a few landowning oligarchs and isolated peasants is excluded. .
The author shows, nevertheless, that new occupational groups have emerged
in recent years, in the Plata, in Chile, in Southern Brazil, in the Valley
of Mexico, and elsewhere; that they can be tagged with convenient overall
terms such as "commercial," "entrepeneurial," "managerial," and "bureau
cratic"; and they have begun to act politically. What has not been shown

8
is that they constitute homogeneous social classes, or that their politi
cal behavior has been homogeneous on the basis of class interest."
The problem of establishing their identity as social classes and,
simultaneously, assessing their actual and potential political behavior
is one which, in other Western contexts, has generated vast amounts of
controversy for the past century and more, and certainly cannot be set
tled out of hand here.^ However, Latin Americanists have not hesitated
in arranging, from census returns and other economic data, a scale of in
come levels; the result has been, when proper account has not been taken
of important variablesprice indices, the extent to which certain groups
participate at all in the cash nexus, the family as an economic unita
series of statistical fictions bearing little relation to "life chances."
The application of closer objective noninstitutional criteria"style-of-
1ife" studies--can provide more positive results. It can indeed be shown
that, in a given national structure, individuals at certain levels of the
hierarchy own or aspire to a discrete range of material objects and share
other attributes: neighborhood preferences, dress, social affiliations,
recreations, and the like. Correlation of these levels with income and
occupation may or may not be high.
Objective institutional criteria--that is, constitutional or legal
provisions serving to demarcate agglomerations of individuals in terms of
demonstrable socio-economic status, and on that basis conferring differ
ential rights, privilege, and standing before the lawwould provide less
positive results. In societies that are nominally egalitarian, only the
labor codes of the several Latin American constitutions seem to have had
the effect of identifying and deliberately advantaging a social class,

9
qua class. The tax structures, it is acknowledged, have a marked class'1
biashere, in favor of the wealthy. Whether this bias has 1 eg itimate
sanction, however, is another question. Finally, Sil vert points up the
importance of carnets, identification cards, which individuals in most
countries are required to carry at all times. These carnets invariably
describe the bearer's occupation in general terms, e.g., empleado,
agregado, patron, etc.; Silvert interprets them as formally sanctioned
symbols of status in the hierarchical order.^ They may well serve this
function; but they may well also be interpreted as outward manifestations
of the internal discipline of the corporate group to which the individual
belongs. J
Close studies utilizing nonobjective criteria are also required.
One approach is the ascriptive" or reputational"; that is, do individ
uals consider themselves to be members of given social classes, and do
other members of the society concur in these rankingswith or without
carnets? The second of these approaches is the behavioral" analysis of
the political process: do large agglomerations of individuals vote as a
class in normal" situations, or play other class roles in crisis" situa
tions? The third of these approachesperhaps the crucial oneis the
elucidation of class-based" value systems: can it be shown that, in a
given national structure, certain congeries of beliefs, presuppositions,
and values are the property of the majority of the members of discrete
classes (otherwise identified by socio-economic criteria), and of not more
than a few members of other such discrete classes? Despite the work of
14
Johnson, Crevenna, and others, there is not sufficient evidence at hand
to warrant firm conclusions; it seems more likely that in several areas

10
what can be described as social classes" exist, or are coming into exist
ence, than that they have begun to behave politically in furtherance of
class interest.
What is the result, however, if the conceptual grid is rotated
ninety degrees, if attention is turned to groups? The scholar is aware
of the existence of a broad range of Spanish American groups, many of them
like the armed forces or the university students associationspossessed
of both intricate institutionalizing features and marked political po
tency. But he must also be aware, following Blanksten, of the depth of
his ignorance about them: they have not yet been classified; much less is
it possible to speak of their composition and their boundaries; the ways
in which they become institutionalized, either through their own efforts
or through the receipt of sanctions from the society at large; their po
tential for political behavior; or the actual processes of that political
behavior. At this point, therefore, it seems justifiable to seek, outside
the Spanish American experience, a prior? formulations as aids to clarify
the problem. The first one chosen is at a level of abstraction that ren
ders it adaptable to the Spanish American contextwith two reservations,
which are italicized: -
The chief social values cherished by individuals in modern so-
cietv are realized through groups. These groupings may be sim
ple in structure, unicellular, so to speak, 1ike a juvenile
gang. Or they may be intricate meshes of associated, federated,
combined, consolidated, merged, or amalgamated units and sub
units of organization, fitted together to perform the divided
and assigned parts of a common purpose to which the components
are dedicated. . The conclusion emerges from an inspection
of the literature dealing with the structure and the processes
of groups that, insofar as they are organized groups, they are
structures of power. They are structures of power because they
concentrate human wit, energy, and muscle for the achievement
of received purposes. . That which puts both state and

11
non-state associations In the same category of forms is the
common factor of power. Both are associations of people for
the achievement of ends common to the members, and the means
of achievement Is the application of the power of the associa
tion to the obstacles and hindrances which block the goal
The terms modern society and insofar as they are organized groups
are decisive for differentiating between the United States experience and
that of Spanish America; "modern," of course, must be taken In a neutral
sense.
Scholars accept as axiomatic that the nations of Spanish America
form part of the world's "underdeveloped" area. Even allowing for gross
differences on the developmental scale, as noted earlier, it follows that
even in the best case, the "industrialization"meaning here economic com
plexity and diversification, and social and occupational diversification
of Spanish America Is rather less than that of the "advanced" nations.
This fact has obvious consequences for the study of group structure.
Alfred de Grazia writes, "the number of Interest groups in a society seems
to depend on the diversity of sentiment In the population with respect to
those things that might fall within the scope of governmental action."^
In the following chapter It will be proposed that "the scope of govern
mental action" must be understood In a broader sense in Spanish America,
than it Is in the United Statesor perhaps was in the United States prior
to 1929, a time whence still derives a persistent mythology. But at this
point it is necessary merely to remark that in Spanish America there are
far fewer nuclei of economic power and, obviously enough, far fewer ways
to make a living, than In a "developed" nation. There are thus far fewer
nodes of interest in the economic realm around which groups can coalesce.

12
Furthermore, de Grazia goes on to say, "if there are numerous re-
1B
liglons, there tend to be numerous religious interest groups. . .rl
Again, it is accepted as axiomatic that none of the Spanish American na
tions, with the possible exception of Argentina, is characterized by any
thing resembling religious pluralism. While not discounting the multi
plicity of attitudes within the Catholic Churches of Spanish Americanor
the historical instances in which anti-clericalism has served as a unify
ing interestthe range of possible religious affiliations is clearly
restricted.
These two considerations lead to a third. It is probable that
even in the most modern" Spanish American nations there are, relative to
total population, fewer interest-articulation" groups than in a devel
oped" nation. If, however, it is agreed that groups represent structures
of power, it would seem to follow that those groups that do exist are ca
pable of exerting all the more influence on the political process (however
that process be conceived), for power is diffused among fewer such
structures.
The paradigm is of course far from complete; even at the present
level of abstraction several variables must be considered.
The shortage of preliminary studies precludes any definitive
statements about the extent of group organization. The accounts that do
exist suggest, nevertheless, that in the more advanced Spanish American
states, at any rate, all but a few of the major functional groupseco
nomic" and noneconomic" alikeare organized; this is in contrast to the
scarcitywhich may only be an apparent scarcityof civic-type" groups,
more or less spontaneously organized agglomerations of individuals whose

13
interest" is the amelioration of some social ill or the attainment of
some other limited political aim. The major exceptions in the functional
category, in the area as a whole, are: the agricultural laborers; the
nonunionized manual workers; and, in those nations where a thorough-going
spoils system continues to operate, the bureaucracy at all levels. These
generalizations, like all of the generalizations in this section, must
naturally be refined by closer studies.
A society's group structure is never static. Those of Spanish
America have been in a mounting flux since World War Two, or even in some
nationsMexico, Chile, Argentina--much earlier. In addition to the Mid
dle Sectors," in whom liberal commentators have placed so much hope, ac
count must be taken of the currents of internal migration from rural to
i q
urban areas. y The majority of these migrants remain underskilled, under
employed, and unorganized, and fall into the category, noted above, of
nonunionized urban manual workers. The range of organizational forms, and
varieties of political affiliation and action, available to them are very
great. To the same extent is the course of development" and change
uncertain.
It has been contended, on the basis of preliminary evidence, that
Spanish American group solidarities are as strong, or at least as deserv
ing of the scholar's attention, as class solidarities. Three other types
of solidarity, familiar to all students of the area, must also be re
marked: kinship solidarities, ethnic solidarities, and territorial soli-"
darities. The relative weight to be assigned to groups and classes, fam
ilial relationships, the indigenous subcultures, and the patria chica is

14
an immensely difficult problem which can only be worked out empirically
for the specific problem under study.
The question of multiple role-playingthat is, the behavior of
individuals subjected to competing discipiines--is also central to the
elaboration of any comprehensive "group theory" for Spanish America.
There is evidence, as will be shown in the next chapter, that many second
ary groupsarmed forces, universities, institutionalized bureaucracy,
labor syndicates, even some professional associations--afford the individ
ual both a major source of discipline and a major source of material and
psychological gratifications. It will be possible, in fact, to postulate
as an extreme case the "inclusive" group, a form that would be almost
totally irrelevant for the United States context.
The style of the articulation of groups into the "normal" politi
cal process is a function of the nature and strength of the institutions
of "interest aggregation," particularly the party system and the legisla-
pn
tive branch of government. Where these are feeble, or where functional
a
groups are articulated directly into the apparatus of.government, an un
usual political style will result--one less similar, perhaps, to "tradi
tional" Anglo-Saxon practices, than to the political processes of the
Spanish Colony.
The discussion has proceeded until this point a priori; a set of
general propositions has been thrown out that obviously requires further
refinement, if, however, attention is turned to a preliminary empirical
study of data already available, it will be found that virtually the same
set of criteria applied in the discussion of classes can also be applied
to the examination of groups.

15
The type of study characterized earlier as style-of-life," being
designed primarily to elicit information about class levels, would be of
relatively little use in the study of groups. It is possible, however,
that with them, further data concerning the relationships and shared val
ues within groupsparticularly such high-status groups as the landowners
and full-time military, with a greater potential for marginal differentia
tionmight be made available. Objective institutional criteria, on the
other hand, are of considerable value. Business corporations, for exam
ple, enjoy juridical personality; many of them also possess an overt tie
with government, in that ownership is joint. The case is more pronounced
for the entes autnomos, autonomously managed public corporations created
by government for the provision of public services, or for the supervision
with greater or lesser regulatory powersof the production and market
ing of major commodities. The Church (generally), the armed forces, and
the universities, as well as many or most professional associations, are
institutionalized11 from above either through possession of a basic legal
statute or through some form of direct articulation with the apparatus of
governmentfrequently both. Examination of tax statutes might well re
veal functional differentiation operating through distinctions made as. to
source of income. The carnets previously mentioned, it might be argued,
confer group status as well as hierarchical status.
The ascriptive" or reputational" approach can be applied in a
number of ways; an elementary one that comes to mind would involve the
analysis of the frequency, and shadings of meaning, of the word gremio
as applied in common speech to discrete social entities. The behavioral"
approach, one suspects, would produce rather strong confirmation of the

16
group thesis, especially were it applied in instances of "crisis" poli
tics. However, extant studies employing either of these methods are vir
tually nil, and judgment must be reserved. On the other hand, it is prob
able that many Latin Americanists already have presumptions concerning the
strength of a number of discrete, group-based, value systems: those of
the Church (taken here to mean not only clericals but also their immediate
families, lay action groups, and the personnel of church schools and pub
lications), the armed forces, and the universities. It would probably be
possible also to elucidate almost as wel1-demarcated value systems for
professional groups and for "traditional" elite groups, particularly
landowners.
"Discipline" was alluded to earlier as another potential approach
for the gathering of data. The concept must be developed here, for it is
central to group theory. From Johnson's study, or from one similar, it
would be impossible to conclude that there exist, in Spanish American
"classes," "chiefs," administrative staffs, and patterns of authority and
loyalty among leaders and led. However, preciselv such internal disci
pline is characteristic of many of the Spanish American groups for which
information is available. The concept is taken from Max Weber: .
"corporate action" is either the action of the administrative
staff, which by virtue of its governing or representative au
thority is oriented to carrying out the terms of its order, or
is the action of the members as directed by the administrative
staff. ... It is indifferent, so far as the concept is con
cerned, whether the relation is of a communal or associative
character. It is sufficient for there to be a person or per
sons in authority . whose action is concerned with carrying
into effect the order governing the corporate group. This cri
terion is decisive. . Whether a corporate group exists is
entirely a matter of the presence of a person in authority,
with or without an administrative staff. More precisely, it
exists so far as there is a probability that -certain persons

17
will act in such a way as to tend to carry out the order governing
the group. . The "constitution" (Verfassung) of a corporate
group is the empirically existing probability, varying in extent,
kind, and conditions, that rules imposed by the governing au
thority will be acceded to. . The concept of constitution
made use of here ...is not the same as what is meant by a
"written" constitution, or indeed by "constitution" in any sort
of legal meaning. The only relevant question ... is when,
for what purposes, and within what 1 i mi ts . the members^f
the corporate group will submit to the governing authority.
Following Weber, a corporate group exists, and possesses a poten
tial for political behavior, insofar as it has both a governing elite and
certain patterns of expectations that the directives of the elite will be
carried out by the membership at large. The armed forces of Spanish
America, the Church, the permanent bureaucracies, and the organized labor
syndicates are, by definition, corporate groups; it might be pointed out
that the first two, invariably, and the last two, frequently, even possess
tribunals with jurisdiction over a broad or narrow range of internal mat-
22
ters. Not only these functional groups, furthermore, but also the kin
ship, ethnic, and territorial solidarities noted above partake of the
characteristics of corporate groups.
Weber's definition is by no means speculative; on the contrary, it
makes clear the necessity of establishing empirical criteria with which to
identify leadership cadres and to assess probabilities that, in certain
situations, the orders of these cadres will be carried out. But "assess
ing probabilities" is, by and large, a task not congenial to the historian
the operation can, however, be carried out ex post facto, that is, through
an analysis of what has happened. Weber's concept is limited in other
ways as well: it does not point to any useful method of eliciting the
means by which the discipline has been created, nor why the leadership

18
should utilize this discipline in situations not pertaining directly to
the internal affairs of the group. The questions, when, to what extent,
and within what limits" are explicitly left open.
it has been shown that, on a preliminary basis, the concept of
groups may well prove as useful an investigational tool for coming to an
understanding (Verstehen, empirical and intuitive comprehension, in the
Weberian idiom) of Spanish American social and political processes as that
of classes--if perhaps not more so. It should be reiterated, however,
that the approach is nominalist; the concept of groups is an heuristic de
vice demanding a constant and subtle dialectic between data and the in
tellectual apparatus brought to bear upon the data, and is, al fin v al
cabo, an invention of the investigator's mind. On this basis, the two
concepts, groups and classes, are not incompatible; their relative valid
ity as investigational tools can be determined in either of two ways:
through the discovery of data conforming to sets of criteria assented to
in advance as valid criteria by other investigators in the field, or, more
importantly, through evaluation of the results obtained when the tools are
applied to specific congeries of data, i,e., problem areas.
For a simpler conceptualization, however, it can be noted that- a
corrective has recently been proposed to the metaphor stratified" as ap
plied to Spanish American social structures. In a forthcoming interpre
tive essay, Social Structure and Social Change in New Spain,^3 |_# n.
McAlister suggests that the society of the late Colony is best character
ized notas is usually the caseas stratified," but rather as conglom
erate." This term again is a metaphor drawn from the earth sciences, and
bears all the limitations inherent in such borrowing. Nevertheless, the

19
denotation, as given by Webster's Collegiate Dictionary, is very sugges
tive: anything composed of heterogeneous material or elements, which in
the process of combination retain their identity ... a rock consisting
of rounded, and waterworn pebbles, etc., embedded in a finer cementing ma
terial; consolidated gravel." Admittedly, the metaphor is not so apt for
present-day Spanish American societies as for eighteenth-century Mexico:
new materials or elements" have been added and show a propensity for dis
placing others; the police power of the state and--whatever weight they
be giventhe doctrines of nationalism" have strengthened the cementing
material and reduced the integrity of some of the components. It can be
contended, nevertheless, that the metaphor conglomerate" has been shown
albeit in a roundabout wayto be at least as serviceable for contemporary
Spanish America as stratified--if not somewhat more so.
Whether one utilizes an heuristic group model in the immediate
present, where it can most easily be constructed, or projects a modified
version into the past as a tool in the examination of problem areasthe
early years of the independence movement offer an obvious field for
inquirythere is certainly no dearth either.of data or of points of de
parture. Spanish commentators, in particular, have long been aware, in-
an intuitive way, of the peculiarities of Hispanic socio-political struc
ture. The political philosopher Jos Ortega y Gasset noted in 1921:
Each corporation of society lives hermetically sealed within
itself. It does not feel the least curiousity toward events
in the domain of the others. . Spain is today not so much
a nation as a series of water-tight compartments.2^
More recently the historian America Castro has written, in a section of
The Structure of Spanish History entitled Castes not Classes," of the

20
continuing refusal of Spaniards to constitute themselves in classes" on
the West European model.^ These perceptions are, unfortunately, of lit
tle direct use to the scholar. Beneyto, however, cites a forceful con
temporary account from the eighteenth century: in 17&9 the Peruvian-born
administrator Pablo de Olavide wrote:
it seems that Spain is a body composed of many small bodies,
detached and hostile among themselves, that mutually oppress
and despise each other and wage continual civil war. Each
province forms a body apart, only interested in its own preser
vation even though it be to the prejudice and ruin of the
others; each religious community, each college, each guild,
separates itself from the rest of the nation toturn within it
self. Hence it follows that all Spain is divided into portions
and isolated bodies with special charters [fuero privativo],
with distinct regimes, and even peculiar forms of dress; the
result of this segregation being that the soldier, the scholar,
the teacher, the priest, the monk ... is what his profession
indicates, but never a citizen.
Olavide's comments find a rather remarkable echo in two recent scholarly
analyses of colonial Spanish America. Richard M. Morse, in an article en
titled Toward a Theory of Spanish American Government," writes:
The multiplicity of judicial systems underscored the static,
functionally compartmented nature of society. The fact that
theylike the several hierarchies of lay and clerical admin-
istration--constantly disputed each other's spheres of influence
only served to reaffirm the king's authority as ultimate recon
ciler. Nuclear elementssuch as municipalities or even indi
vidual Indiansas well as highly placed officers could appeal .
directly to the king, or his proxy, the Viceroy, for redress of
certain grievances. The king . was symbolic throughout his
realm as the guarantor of status. In Thomistic idiom, all parts
of society were ordered to the whole as the imperfect to the
perfect. This ordering, inherently the responsibility of the
whole multitude, devolved upon the king as a public person act
ing' in their behalf, for the task of ordering to a given end
fell to the agent best placed and fitted for the specific
^function. '
In a similar vein, Lyle N. McAlister, in the introductory chapter of The
Fuero Militar" in New Spain, makes the following point:

21
Such privileged fueros or jurisdictions [as that of the
Army] were the juridical expression of a society in which the
state was regarded not as a community of citizens enjoying equal
rights and responsibilities, but as a structure built of classes
and corporations, each with a unique and peculiar function to
perform. Joaquin Escriche y Martfn notes the existence of
thirty-four privileged jurisdictions, which included those of
the military, the clergy, the corporations of merchants and the
mining industry. Each of these possessed its own tribunals
which operated outside the hierarchy of royal courts. 0
All of these excerpts make clear the relevance of the juridical
approach to the study of prenineteenth-century Hispanic group structure;
Morse's statement, in addition, indicates the probability that a close
relationship between juridical and political theory will be found. The
latter two excerpts, moreover, point toward the existence in the late
Colony of a very distinctive political style. In the absence of repre
sentative institutionssave, perhaps, for the cabi1 do. whose significance
is still a matter of scholarly dispute--petitions, appeals, requests, were
elevated directly from the individual or integral group to the king or
the apparatus of his government; the royal dispensation flowed downward
by the same route. Individual and group interests might be weighed against
one another, compromises struck, accommodations reached, at the level of
the Council of Indies, or the Viceregal audiencia. or the cabi1 dobut al
most invariably on an ad hoc basis. A permanent apparatus of "interest
aggregation" was not created.
The author's research into the variables impinging upon the occu
pation and settlement of the Buenos Aires pampa from roughly 1776 to 1852
have indicated strongly that this movement in all its aspects, political,
social, economiccan not be understood without conceding a large degree
of significance to the corporate behavior of the gremio de hacendados, and

22
to its relations to other groups, particularly the consul ado and the
gauchos. Curiously enough, despite the great quantity of literature on
the general topic, there apparently does not exist a discrete monographic
study of the "guild of cattlemen," qua guiId. Nevertheless, there is,
for the entire Spanish American area, a respectable body of works on the
Colonial corporations: the Church and its component groups, the military
orders, the cofradias. the universities, the consul ados, the mesta, the
mining guild, the protomedicato, and the guilds of artisans. From these
studies a rough composite of colonial group structure can be assembled.
It is in more recent periods that, on several counts, the requirements for
an appropriate method becomes pressing.
Many phenomena in the highly-structured societies of twentieth-
century Spanish America lend themselves to Investigation with this ap
proach: the corporate behavior of Church and armed forces in many con
texts; the antecedents, premises, and objectives of the reforma uni ver-
si tari a of 1918 and thereafter; the "estatist" implications of the Mexican
29
Constitution of 1917 and of others; the articulation of the Institution
alized Revolutionary Party and its predecessors into the structure of
Mexican government; the institutionalization of functional groups through
the receipt of special basic statutes or organic laws, and other recondite
aspects of Hispanic law, the political and social implications of entes
autnomos; the extent to which the adjective "corporatist" accurately de
scribes Reron's "Justicialist" state;^ and so on. Information already
available concerning such phenomena suggests strongly that there is a
strong analogy between them and the corporations of the colonial Old
Regime.

23
Perhaps it is soundest, methodologically, to rest content for the
moment with the analogy, and to wait until a larger body of preliminary
studies is at hand before considering questions of continuity. It seems
indisputable, on the basis of available evidence, that by the latter half
of the nineteenth century the decline into eventual extinction of the
older corporate forms was everywhere almost total in the Spanish-speaking
lands; the dislocations of the Wars of Independence, the "liberal" bias
against such formsverbalized and disseminated widely by the decree of the
Cortes of Cdiz of June 8, 1813, proclaiming freedom of occupation and in
dustry outside the guild systemand the new economic arrangements seem in
deed to have had the effect of inducing for a time a more "atomized"
though not necessarily a more "homogenized"society than the Colony had
known.^ The recrudescence of institutionalized functional groups in the
twentieth century was roughly contemporaneous with the "pragmatic revolt
in politics"in the United States and Western Europe--described acutely
by W. Y. Elliott in 1928;^3 butaside from the oft-cited borrowings made
by Pern from the ideology and methods of German National Socialism and
Italian Fascismfew direct relationships are apparent. It may be that in N
time it will be possible to demonstrate an intel1ectual continuity, a per
sistence of specifically Hispanic assumptions and preconceptions concerning
the proper and licit ordering of society, but much preliminary work remains
to be done before such a study can be attempted. For the moment the re
quirement is for a method with which to begin the study and classification
of the groups themselves.
Numerous such methods are available, outside the recinto of the
Latin Americanists. They are the theoretical apparatuses created by sev
eral generations of European and United States investigators attempting to

24
deal with the same range of social phenomena as has been posited as the
general subject of this inquiry: the composition and ordering of large,
secondary, functional groups within the society, and their political re
lations to one another and to the state. What is called the "pluralist"
canon is generally considered to have begun with the work of the German
legal scholar Otto von Gierke in the last third of the nineteenth century;
it is a loose canon, but its major practitioners have included, in Europe,
F. W, Maitland, Joseph Paul-Boncour, Emile Durkheim, J, N. Figgis, Harold
Laski, the Webbs, G. D. H. Cole, A. D. Lindsay, L. T. Hobhouse, Ernest
Barker, Hugo Krabbe; and in the United States, Arthur Bentley, M. P.
Follett, and, in some respects, Herbert Croly and Charles Beard. Speaking
particularly of the Europeans, K. C. Hsiao writes:
what is popularly known as political pluralism, or the pluralis
tic theory of the state, is by no means a unified and systemati
cally developed theory. We find, instead, a group of divergent,
even conflicting, tendencies in political speculation, held to
gether by no other tie than the general agreement that the state
is to be "discredited," "particularized," and reduced from its
former height of sovereign inclusiveness to a humble position along
side of all other social institutions.^
While there is no gainsaying the enormous worth of the scholarly contribu
tions made by many of these individuals, it must nevertheless be pointed
out that the doctrines associated with their names were, in the first
place, normative:
Pluralism undertakes to transform the state. . .[It] has
both a positive and a negative side: It protests against a
theory that seems to ignore certain changed conditions in the
Western -poli ti cal world; and it suggests a solution of the prob
lems arising from these new political phenomena.35
The commitment to reform furthermore seems to have introduced cer
tain biases into their investigations:

25
They showed that the state does not absorb all of the loyal
ties of the individual in the political community, as had been
asserted, but that many lesser associations . also lay claim
to the faith, attachment, devotion, and obedience of the individ
ual, and that these claims are acknowledged by responsive be
havior. The state, said the pluralists, is merely one associa
tion among a host of associations, both factually and rightfully;
and far from absorbing the entire allegiance of the individual,
the state must compete with conflicting group loyalties, some
of them invincible. . The pluralists did useful work when
they evaporated the misty figment of the state which the idealists
had presented as a colossus of unity . having an autonomous
and independent life and existence apart from the lives and per
sonalities of the members of the political community. But while
this spectral personality was exorcised from the state by the
pluralists, they materialized the phantasm in other bodies. . .
What was denied to the state . was claimed for other associa
tions. . One would have thought that the arguments that
caused the rejection of the real personality of the state should
also have caused the rejection of the real personalities of other
group associations. Or conversely, if the non-state associations
had real personalities, it was difficult to see why the state
should be denied one, since it was also an association.
It needs hardly be said that the objectives of the present study are not
normative, but analytical. The preliminary data, furthermore, make it
likely that one of the major themes of the study will have to be precisely
that relationship between the state and its component groups about which
the pluralists were so unclear. That group life should be "voluntary" and
"autonomous" may be an attractive desideratum; a value-laden emphasis upon
such phenomena clearly has no place in an analytical study, particularly
as will be suggested latera study of Spanish American societies. Any
borrowings, therefore,from the work of the pluralists will have to be on
a cautiously eclectic basis.
The considerations raised by Latham are restated by Goetz Briefs
from another point of view of which it is also necessary to take
cognizance:

26
Long before the concept of pluralism emerged, Catholic so
cial thought bore a pluralistic" character. It has always
stressed, since its beginnings, the importance of articulated
multiplicity in the unity of society. it recognizes the di
versity of social structureseach of which has an autonomous
task to performby analogy to the anatomical structure of the
human being. . Despite the common stress placed on the im
portance of the intermediate social structures (between state
and individual) there exists a decisive difference between
Catholic social thought and the late-liberal pluralistic theory.
For Catholic social thought the crucial point is not, as it is
for the latter, the diversitv of social structures, but rather
the unity harmoniously embracing this diversity, and the struc
ture, hierarchically ordered according to merit, of this unity.
Therefore it is very doubtful that it makes sense ... to
denominate Catholic social thought as pluralism."^'
The institutions and intellectual movements of Spanish America have been
permeated since the beginnings with the postulates, categories, and con
tent of a specifically Catholic social thought. No generalizations are
possible at present about the implications of this fact for the study at
hand; this heritage, however, is one which can be discounted only at the
investigator's peril.
The work of the Catholic corporatist historians of the 1930's,
it must be said, does not seem to offer much guidance. Concerning this
group R. R. Palmer states:
Many of them have been sympathetic to corporatist political
theory and correspondingly critical of the modern state and the
individualist conception of legal rights. . [Some of their
works have] been directed to the European Old Regime before the
French Revolution. The tendency in this case is to show the
more favorable side of the Old Regime, with its freedom from
enforced authority, centralization, and all embracing sovereign
power. According to this view, social groups with different
interests or functions had rights and obligations realistically
corresponding to their position. They constituted social "or
ders," and were represented in "estates." "In reality," says
Professor Lousse, a leading exponent of the school, "there were
no privileged orders in the sense that others were unprivileged"
. . but he admits that some were more privileged than
others. . .3 ,

27
The tendentiousness of these writingswhich in any case do not seem to
include a comprehensive study of the Spanish Old Regime^renders them
of doubtful utility. Those works cited at the beginning of this chapter
particularly the studies of Mexican and Guatemalan guilds by Carrera
Stampa and Samayoa Guevara respectivelyappear to be more neutral in
their sympathies and more directly applicable as models upon which to
structure further examination of the Colony.
A third major source of theoretical formulations conceivably
adaptable to the Spanish American context is the more recent body of "in
terest" and "pressure" group studies elaborated by United States and Euro
pean scholars. The line of descent from the earlier pluralist school is
direct; however, the doctrine of the so-called analytical pluralists, in
Latham's words,
was, and is, hypothetical, experimental, empirical, and descrip
tive. The intellectual roots of analytical pluralism are deep
in the history of American thought. . Social inquiry [has
turned] toward process and away from static conceptualism, toward
relations rather than structures, and toward consequences instead
of causes. Process, relations, and consequences are not, however,
the antonyms of concepts, structures, and causes. The distinc
tions blur, shade, and fuse. ^
The flexibility of this approach would seem to make it particularly useful
as a point of departure. Because there are few precedents for a typology
of Spanish American functional groupsand those, as will be shown,
largely unsatisfactoryrather more attention will have to be devoted, at
first, to logically anterior concepts and structures, and less to proc
esses and relations. As was noted earlier, questions of origins and
causality can scarcely be considered at this time. The uses and limita
tions of group theory will become more, apparent during the course of the
following chapter, in which a tentative conceptual scheme will be erected..

28
NOTES
1 f
Juan Beneyto, Historia social de Espaa y de Hispanoamrica
(Madrid: Aguilar, 1961), 4-5. The major work encompassing this approach
is Jaime Vicns Vives, ed., Historia social y econmica de Espaa y
Amirica (4 vols.; Barcelona: Editorial Teide, 1957-1959). For other im
portant citations see the chapter bibliographies in these two works; also
the bibliographic entries in the present study under: Altamira, Beneyto,
Carrera Pujal, Gonzalez Seara, Hernandez y Sanchez-Barba, Konetzke,
McAlister, Maravall, Mendieta y Nunez, Morse, Orgaz, Perpina Rodriguez,
Scott, and Verlinden.
"Burocracia y derecho publico: la conciencia y los medios del
estado en la Espaa moderna.11 Revista de Estudios Polticos. 95 (September
October, 1957), 15.
^Arthur P. Whitaker, "The Argentine Paradox," Annals of the Amen
can Academy of Political and Social Sciences, 334 (March, 1961), 103-112.
The author of the present study was in Buenos Aires in 1956, and concurs
strongly with Whitaker's conclusions.
4lbid.. 107.
^George Blanksten, "Political Groups in Latin America," American
Political Science Review. LI I (March, 1959), 121.
£
Pitirim Sorokin, "Social Stratification," Theories of Society,
ed. Talcott Parsons et al (2 vols.; Glencoe, 111.: Free Press, 1961), 1,
570.
^Max Weber, "Types of Social Organization," ibid.. 1, 226.
8See especially Juan Beneyto, "La sustitucin de los estamentos
tradicionales en Espaa y en Hispanoamrica," Estudios Americanos. XX.
(July-August, I960), 1-14; same author, "Las estructuras sociales de la'
poltica indiana," Revista de Estudios Polticos. LXV (May-June, 1959),
261-278; Mario Hernndez y Snchez-Barba, "La participacin del estado en
la estructuracin de los grupos humanos en Hispano Amrica durante el
siglo XVI," Revista de Estudios Politicos, LV (November-December, 1955),
193-226; and L. N. McAlister, "Social Structure and Social Change in New
Spain," to appear in Hispanic American Historical Review, XL111 (August,
9john J. Johnson, Political Change in Latin America: The Growth
of the Middle Sectors (Stanford: Stanford University Press, 1958). ~~
^ ^Ti mes (London) Literary Supplement. February 13, 1959, 79.

29
'Hhe remarks in this paragraph take as their point of departure
the section in Parsons, op. cit., entitled "Stratification and Mobility"
(i, 517-576) See especially the contributions by Marx, Goblot, Pareto,
and Weber.
^Kalman H. Sil vert, Review of Political Change in Latin America
. . by John J. Johnson, Annals of the American Academy of Political
and Social Sciences, 321 (May, 1959) 191.
13|bid.. 224-229. See below, 19-21.
'^heo Crevenna, ed., Materiales para el estudio de la clase media
en la America Latina (6 vols.; Washington:Pan-American Union,1950-1951)
^Salvador de Madariaga has recently expressed himself rouslngly on
the point: "It is often said that Latin America suffers from the lack of a
middle class. This is not so. One would be tempted rather to say that the
very reverse is the truth, for in a certain concrete sort of way, it is
rather from an excess than from a lack of a middle class that Latin Ameri
can countries suffer. . There is too much of the idle, unproductive, or
merely administrative kind of middle class; not enough, and to a disastrous
degree, of the truly productive and creative kind." Latin America between
the Eagle and the Bear (New York: Praeger, 1962), 4-5. Is a "middle
class" still a "middle class" if it does not possess the values of a middle
class as defined elsewhere?
^Earl Latham, "The Group Basis of Politics: Notes for a Theory,"
Political Behavior: a Reader in Theory and Research, ed, H. Eu1au, S. J.
Eldersfeld, M. Janowitz (Glencoe, 111.: Free Press, 1956), 232, 234-235.
*^A1fred de Grazia, "Nature and Prospects of Political Interest
Groups," Annals of the American Academy of Political and Social Sciences,
319 (1958), 114.
^^Loc. cit. '
'^See especially T. Lynn Smith, Latin American Population Studies
(University of Florida Social Science Monograph, No. 8, Gainesville, Fla.:
University of Florida Press, I960), 53-70.
20
Gabriel A. Almond, "A Functional Approach to Comparative Poli
tics," The Politics of the Developing Areas, ed. G. A. Almond and J. Cole
man (Princeton: Princeton University Press, I960), 38-45.
21Weber, loc. cit.. 223-225.
22George Blanksten, "Latin America," Almond and Coleman, loc. cit..
1

30
^McAlister, p. cit.
24jose Ortega y Gasset, Invertebrate Spain (trans, and foreword
by Mildred Adams; New York: Norton, 1937). 44.
^Amrica Castro, The Structure of Spanish History (trans, by Ed
mund L. King; Princeton: Princeton University Press, 1954), 615.
^Beneyto, "Sustitucin," 2.
27Richard M. Morse, "Toward a Theory of Spanish American Govern
ment," Journal of the History of Ideas, XV (1954), 76.
28l, N, McAlistr, The "Fuero_Mi l.itar1' In N_ew. Spain (Gainesville,
Fla.: University of Florida Press,1957), 5~6.
29Morse, loc. cit., 37- See also Jos Clemente Zamora, "New Tend
encies in Latin American Constitutions," Journal of Politics, 111 (August,
1941), 276-296 passim.
3^See vfctor Fairn Guillen, "El Consulado de la Lonja de Valencia
y las ordenanzas de 1952 (orden de 18 de septiembre)," Revista General de
Derecho, IX (1933), 130-135, for a curious parallel between medieval and
modern practices in labor arbitration.
3'George Blanksten, "Latin America," loc. cit., 492, characterizes
the ideology of Justicialismo as "spurious." This may be accurate as to
intellectual content and the fulfillment of commitments, but the struc
tural features introduced or contemplated cannot be dismissed so summarily
32The evidence is perhaps clearest for Mexico. See the concluding
section of Manuel Carrera Stampa, Los gremios mexicanos; la organizacin
gremlol en Nueva Espaa, 1521-1861. (Mexico: Editorial Ibero Americano
de Publicaciones, 1954). .
33w¡ll¡am Yandell Elliott, The Pragmatic Revolt in Politics:
Syndicalism, Fascism, and the Constitutional State (New York: The Mac
millan Co., 1928).
3\. C. Hs iao, Political Pluralism: A Study in Contemporary Po
litical Theory (London: Kegan Paul, Trench, Trubner & Co., Ltd., 1927),
126.- .
35 ibid., I, vi i .

^Latham, op, cit., 233*

31
3?Goetz Briefs, "Katholische Sozial 1ehre," Staats-Lexikon. VI
0956), 295, 300.
R. Palmer, The Age of the Democratic Revolution: The Chal-
1enge (Princeton: Princeton University Press, 1959), 25-29.
39See "Etat de la Question" in Emile Lousse, La societe d*ancien
regime: organ: sat i ons ct representations corporatlves ("Etudes presentees
la Commission Internationale pour 1histoire des Assemblies d'Etats,"
vol. 6; Louvain: Bibliothlque de 1-Universite, 1943).
^Latham, op. cit.. 232, 234-235.

CHAPTER II
SPANISH AMERICAN INSTITUTIONALIZED FUNCTIONAL GROUPS:
A TENTATIVE CLASSIFICATION SCHEME
Within certain limits, United States and European studies of in
terest groups," pressure groups," and the like, provide a useful point of
departure for a typology designed for the beginning study of similar phe
nomena in a Spanish American context. This corpus of literature, however,
has grown bewi1deringly large and diffuse in recent years; any borrowings,
therefore, must necessarily be selective and somewhat arbitrary. It is
necessary, also, to guard against the importation into the Spanish American
context of normative statements, or of generalizations raised from non-
Hispanic experience and applicable solely to the latter. This means, in
effect, that the formulations borrowed must be at a relatively high level
of abstraction, or must consist of categories of questions whose relevance
is demonstrable or obvious.
The working definition given by Jean Meynaud seems appropriate:
Sociology sees in the group a factor of specific behavior, a .
mechanism for the unification of [individual] conducts. It con
siders it an ensemble of persons united by a system of reciprocal
relations, an entity recognized as such by its own membersand
generally also by the remainder of the collectivityby virtue
precisely of the particular type of behavior engendered. . .
The pressure group constitutes a variety of this general cate
gory. . One may define it as an aggregate of individuals
who, on the basis of a community of attitudes, express demands,
formulate desires, or take positions that affect, directly or
indirectly, other actors in the social life. This conception
is sufficiently broad to embrace all the types of demands sus
ceptible of formation. It covers the desire to obtain a larger
part of the national revenue as well as the wish to put an end
to racial persecutions. Thus the interest group does not
32

33
necessarily have a selfish, "interested" aim, in the sense in
which the adjective connotes a concern for material advantages.
It should be pointed out at once that Meynaud makes no effective distinc
tion between "interest groups" and "pressure groups." There apparently
does not exist, in fact, any consensus on the point, as Stanislav Ehrlich
indicates:
The distinction does not seem justified, in that the choice of
a determined tactic implying pressure is influenced by many di
verse factors, and in accord with the means elaborated to defend
the same cause, the same group would present itself one time as
interest group and another as pressure group. A deeper analysis
of this question would bring us to a Scholastic dispute: what
is to be understood by pressure? What is the criterion for de
termining whether or not an activity constitutes pressure?^
In other words, the group (with whatever qualifying adjectives be
attached) is characterized by a subjective awareness, on the part of both
members and nonmembers, of the group's existence and identity; by internal
patterns of. reciprocal obligations (or "discipline"); and by unique and
identifiable patterns of behavior determined by the discipline. Its "in
terest" lies in the "community of attitudes" that engenders demands and
actions ultimately affecting the interests of nonmembers. There does not
seem any point to differentiation among groups on the basis of the "mate
rial" or "nonmaterial" nature of the community of interests; nor to dis--
tinctions based on the type of tactics employed (assuming, that is, that
the tactics be accepted by the community as licit.) Those groups that
formulate their demands on_ or through the formal apparatus of government
can properly be designated as political groups.^
It is not possible, moreover, to rest content with the simple as
sertion, which seems implicit in Meynaud, that only those groyps that are
organized are the proper subject of the investigator's attention. Clearly

34
enough, only organized groups are able, at any given point in time, to take
action in defense or advancement of their interests; nevertheless, as
Truman says:
Although no group that makes claims on other groups In the soci
ety will be found without an interest or interests, it is possi
ble to examine interests that are not at a particular point in
time the basis of interactions among individuals, but that may
become such. ... A "becoming" stage of activity must be recog
nized as a phase of activity if any .segment of a moving social
situation is to be understood.4
For the historian of Spanish America, the search of such groups as agrarian
and industrial workers for leadership, ideology, and governmental recogni
tion, and the efforts of pre-existing groups to aid or hinder, deflect or
capture these organizational measures, are recurring themes. It is not,
however, possible to deal schematically with this "becoming" stage, beyond,
pointing out the probable processes that such organization will follow.
Other requirements that such a typology must meet can best be indi
cated by a review of three applications to the group phenomena of the area
of conceptualizations derived from non-Spanish American experience. The
first is included within the essay on "Latin America" by George Blanksten,
which forms part of the collection The Politics of the Developing Areas
edited by Gabriel A. Almond and James S. Coleman."* Blanksten sees more or
less clearly the need to modify the investigational categories proposed in
Almond's theoretical essay, as when he writes: "In traditional Latin
American society there is a tendency for each interest groupoften with
little voiceto fend for itself.And:
In the politics of the United States and of the Uni-ted Kingdom,
it is possible to draw a sharp distinction between political
parties and political interest groups. In those "Western" coun
tries, "political parties tend to be free of ideological rigid
ity, and are aggregative, that is, seek to form the largest

35
possible interest group coalitions by offering acceptable choices
of political personnel and public policy.11 ... In Latin
America . this differentiation of functions cannot be drawn
quite so sharply. ... in Latin America the functional line be
tween parties and interest groups is hardly recognized, let alone
observed.7
Nevertheless, when he comes to consider the "interests" themselves, Blank-
sen makes use of the fourfold classification scheme set up by Almond"in
stitutional interest groups," "nonassociational interests," "associational
interest groups," and "anomic movements." Under the first heading are set
the Roman Catholic Church, the armed forces, and the bureaucracy; under the
second the author considers those groups discussed in the first chapter of
this study as manifestations of "class," "ethnic," "kinship," and "local
ity" solidarities. "Associational interest groups" may include, in Blank-
sen's view, associations of landowners, labor organizations, foreign com
panies, student associations, professional associations, and business
groups. The treatment is summary, and one wonders about the relevance of
the author's concluding remarks on the absence of organized veterans1
groups similar to those that have played significant roles in the United
States political process since the Civil War. Finally, "anomic movements"
are said to comprise "revolutions" (perhaps better described as coups
d1tat). demonstrations, riots, mob action, and political assassination;
the author makes the point that the first two of these phenomena are felt,
so long as extensive violence is avoided, to be within--or at least not
without"the rules of the game."^ This treatment of the "interest articu
lation function" in Latin America ends with the somewhat gratuitous admo
nition to avoid the tagging of interest groups with ideological labels
"radical" or "conservative"and the search for coalitions among groups
with analogous ideological orientations.^

36
Kalman H. Sil vert, in The Conflict Society: Reaction and Revolu
tion in Latin America, attempts to develop the topic further. Under the
rubric "Pressure Groups" Silvert begins his discussion by writing:
Interest or pressure groups are few in Latin America. Where
caudillistic one-party rule holds sway, there is insufficient
complication to give much room to variegated pressure groups.
And where multi-party systems operate, except in the most de
veloped countries, the parties represent small middle and upper
groups and speak in the name of the economic interests
themselves.'
The conceptual confusion in this single paragraph is quite marked.
"Caudillistic one-party rule" is apparently equivalent to despotic or non
representative government, so that the "complication" found "insufficient"
must refer to political diversification or pluralism. This is a tautology
with which one may agree. It does not follow, however, that "variegated"
interests may not exist, nor, even, that they may not be organized, but
merely that they are effectively denied institutionalized channels through
which their demands may be formulated, aggregated, and acted upon. As was
noted in the previous chapter, the "variegation," the absolute number, of
interest groups within a given social structure seems to be much more a
function of its economic and occupational diversification, than of any pe
culiarities of its formal political apparatus. As another critic of the
work has noted: "Silvert states that interest or pressure groups are few,
but refers to the influence and pressure of the military, the Church, land
owners, labor unions, coffee-growers, students, political parties [presuma
bly those speaking 'in the name of the economic interests themselves'] and
others."^ The point is, of course--to take an extreme hypothetical case-
it would be absurd to seek an Electronic Industry Trade Association and an

37
Association of Electronic Engineers in a nation in which no electronic
industry exists.
Aside from the patent scarcity of preliminary monographic studies,
the major difficulty confronting both authors seems to have been concep
tual For the purposes of this work the problems can best be isolated in
the essay by Almond, already cited, which Blanksten (overtly) and Sil vert
(apparently) took as a point of departure. Almond begins by positing, for
the comparative study of political systems, a "universality of political
structure"and a "universality of political function"--every political sys
tem, that is, comprises a number of organs performing, often in a "multi
functional" way, a di serete number of functions that are classifiable at
a high level of abstraction. The author then erects a conceptual frame
work in which four political act i vities--political socialization and re
cruitment, interest articulation, interest aggregation, and political corn-
mum cati on--are set under the rubric "Input Functions"; and three--rule-
making, rule-application, and rule-adjudicationunder "Output Functions."
There can be no doubt that Almond's formulations point to significant in-
1 2
vestigations that might be undertaken by Latin Americanists.
For the problem at hand, however, a distortion may well have been
introduced. As has been noted above, Almond subdivides the "interest ar
ticulation function" by hypothesizing four categories of groups performing
this function; and one wonders whether one of the distinctions made--that
between "institutional" interest groups and "associational" interest
groups is entirely valid for the Spanish American context. "By institu
tional interest groups we have in mind phenomena occurring within such

38
organizations as legislatures, political executives, armies, bureaucra
cies, churches, and the like," writes the author,
these are organizations which perform other social or political
functions but which, as corporate bodies or through groups
within them (such as legislative blocs, officer cliques, higher
or lower clergy or religious orders, departments, skill groups,
ano ideological cliques in bureaucracies), may articulate their
own interests or represent the interests of groups in the
society.
"Associational interest groups," on the other hand,
are the specialized structures of interest articulationtrade
unions, organizations of businessmen or industrialists, ethnic
associations, associations organized by religious denominations,
civic groups, and the like. Their particular characteristics
are explicit representation of the interests of a particular
group, orderly procedures for the formulation of demands, and
transmission of these demands to other political structures
such as political parties, legislatures, bureaucracies.^
Even in the definition, the difference between the two categories
is far from clear. It should be pointed out that the author is using "in
stitutionalized" in a somewhat unusual sense; more commonly the term, when
used in reference to groups, indicates "a relatively high degree of sta
bility, uniformity, formality, and generality" which maximizes the proba
bility of "an equilibrium among the interactions of the participants" and
hence of the group's permanence in timeJ5 |n this sense, groups in Al
mond's "associational" category may be as stable and durable as those in
his "institutionalized" category.' The definition of the latter, however,
departs from the accepted understanding of the term in two significant
ways. In the first place, it comprises only those organizations embedded
within the apparatus of government (legislatures, executives, bureaucra
cies) or those directly articulated to it (armed forces, established
church).. In the second place, these are characterized as "organizations

39
which perform other social or political functions.11 "Associational"
groups are thus defined negatively: they are not related directly to the
polity (for they must "transmit" their demands), and they apparently do
not perform other social or political functions.
The distinction is patently untenable for the Spanish American
context. Leaving to one side for the moment the question of the relation
ship of groups to the polity, it may be said in regard to the second point
that it is the societv which determines whether a particular groupis to
be considered socially and politically functional--whether, that is, the
activity of the group is considered permissible or essential within the
norms of the society and given the ends that the society has set itself.
Thus a definition of "functional group" based in societally-derived sanc
tions begins to emerge. Again, however, this is not the common usage.
"Functional group" more generally is taken to mean a group organized so
as most efficiently to perform its assigned duty or attain its received
endtotally irrespective of whether that duty or end is sanctioned. By
Almond's value-related definition, therefore, the national universities of
>
Spanish America, as wel1 as a broad range of other organizations, can be
considered "institutionalized functional groups." By the analytic defin -
tion, however, the Communist Party or an organization actively propagan
dizing for birth control would also have to be considered "institution
alized functional groups." Because of its more common currency, the ana
lytic definition will be retained here. The question of societal values
can then be taken into account by adding the adjectives "sanctioned" or
"nonsanctioned," determined empirically on the basis of the recognition
especially juridicalgranted the group.

40
As it is obvious, however, that many group phenomenafrom the
small owner-operated factory to the national armypossess sanction,
further tests are necessary. One very relevant to the Spanish American
context can be developed by referring again to the question implicitly
posed by Almond of the group's relation to the apparatus of government.
The requisite terminology can be found in Weber, in the form of ideal
16
polar types. Is the group more "heteronomous" or more "autonomous"--
that is, is the group's "constitution" (see Chapter I) the work of its
members, or has It been derived from or imposed by government? And is it
more "heterocephalous" or more "autocephalous"do government function
aries serve as all or part of the leadership cadre, or has the latter been
raised, by whatever process, from the membership itself?
Using these concepts, a pattern begins to reveal itself among many
of the major sanctioned groups of Spanish America: they are highly or
moderately heteronomous but moderately autocephalous; that is, the overt
relation to government is close, but some degree of self-governance has
been retained. The national universities offer perhaps the clearest ex
ample. Their organizational features are familiar to all investigators of
the area: the basic legal statute of the university; the autonomous o.r .
quasi-autonomous fiscal and administrative status; the concept that the
university is under the direct patronato of the President of the Republic
(as in Chile); the direct subvention of the official student organization,
in which, membership is obligatory and which is empowered to issue carnets
materially advantaging the individual student; the regulations emanating
from government (the Ministry of Education) permitting student election of
professors andat timesrectors, and allowing student participation in

41
the governance of the university's Internal affairs; the right of sanctu
ary, which hinders the access of local or provincial police to the uni
versity's grounds; the monopoly of the granting of degrees in certain pro
fessional fields.^
This last character!stIc suggests that the "free" professions
law, medicine, engineering, archltecture--share the same sort of sanction
as the universities In which they are taught. They are heteronomous to
the degree In which their professional associations are institutionalized
18
by basic statute, and membership made obligatory.
The same point might be made concerning phenomena In the economic
sphere as well. The entes aut$nomos are by definition functional groups
granted a degree of fiscal and managerial autonomy so as better to provide
services deemed essential to the economic well-being of the collectivity.
Such services, it should be noted, Include not only those frequently found
"nationalized" elsewhere--power and light, telephones and telegraph, mu-
nlclpal transport, the national railroad netbut also a degree of regula
tion of the production and marketing of basic commoditiese.q., the cof
fee "boards" and petroleum "monopolies." One might also cite In this con
nection the preferential and protective measures, and the frequent direct
participation of public capital, In aid of the establishment of new indus
tries required by plans for economic development. This phenomenon is, of
course, world-wide In our time, and is far from peculiar to Spanish
America; it does seem, however, that the Intellectual rationale and the
degree and kind of recognition granted are very much of a piece with the
more specifically Spanish American phenomena cited above.

42
These group phenomena, as well as the armed forces, bureaucracies,
established churches, and many labor syndicates of the area, all reveal
a high degree of immediate dependence upon the apparatus of government,
combined with a greater or lesser range of discretion in the governance
of internal affairs. There seems, therefore, little reason to distribute
them artificially into the institutional" and associational" categories
proposed by Almond. Rather, it seems sufficient to consider them all
V I
under the head of "sanctioned institutionalized functional groups" (in the
analytic sense noted above), and then to determine within this category
the location of a particular group on the continuums "heteronomous-
autonomous" and heterocephalous-autocephalous." While it is impossible
at this point to be dogmatic, all the preliminary evidence suggests that
barring certain social and recreational groups (of which more below),
the few civic-type" groups of the area, and atypical situations (such as
that of the Roman Catholic Church in Mexico)the great majority of groups
will be found, insofar as they are organized at all, to repeat the pattern
of qualified dependence on government outlined above.
Nor should this be surprising. Almond's category of "associa-
tional interest groups" appears to embody very definite value judgment's
derived from what is taken to be the Anglo-Saxon experience and not trans
ferable to Spanish America. In the first place, a preference seems to be
expressed for the private, voluntary group as when the author writes, in
the definition cited above, "their particular characteristics are explicit
representation of the interests of a particular group, orderly procedures
for the formulation of interests and demands, and transm? ssion of these
demands to other political structures. . ." (Italics added.) Such a

43
group behaves rationally, and refrains from penetrating the governmental
process itself. Whether this is a realistic generalization from the
Anglo-Saxon experience, it is not in the province of the present study to
judge; as a norm, however, it has no place in scholarly investigations of
o i
non-Anglo-Saxon groups.
The same value judgment makes a gratuitous appearance in the con
cept of good boundary maintenance." Almond writes that:
the more manifest, specific, general, and instrumental the
style of interest articulation, the easier it is to maintain
the boundary between the polity and the society, and the bet
ter the circulation of needs, claims, and demands from the so
ciety, in aggregable form into the political system. . The
structure and style of interest articulation define the pattern
of boundary maintenance between the polity and the society.^
(Italics added.)
Demands, then, should be manifest" (openly and carefully verbalized),
specific" (directed toward limited and well-defined ends), general"
(taking into consideration the broadest interests of a sizable group), and
instrumental" (containing within themselves workable plans toward their
implementation or at least a qui d pro quo). Such a pattern of interest
articulation permits the better . circulation of needs, claims, and
demands from the soci ety in aggregable form into the political system."
Correspondingly, the more latent, diffuse, particularistic, and affective
the pattern . the more difficult it is to aggregate interests and
23
translate them into public policy." Thus two alternative situations are
presented, of which the first, on pragmatic grounds, is clearly prefera
ble. Good" or poor" boundary maintenance, then, refers to the separa
tion of functions, interest articulation and interest aggregation, which
are theoretical categories erected by the political scientist. There is

44
no inherent reason to equate this heuristic dividing line with a value
ladenand in this context, unnecessaryseparation between the polity
(the party system and the formal apparatus of government) and the society
(ideally composed of voluntary, rational, and of themselves apolitical
interest groups). This point must be stressed, for, as noted, many other
political scientists have accepted similar assumptions.
It is probably true, as Blanksten indicates in the statement cited
above, that in general Spanish American patterns of interest articulation
exhibit the less desirable set of characteristics. There seems to exist,
furthermore, as has been shown in passing, a decisive interpenetration of
polity and society, a fusion at many points of the governmental apparatus
and the organized interests of society; this interpenetration is appar
ently held, moreover, to be quite legitimate. It does not follow in
simplistic fashion, however, that the latter is the cause of the former;
the problems of political disorder, paralysis, and fragmentation are ob
viously far more complex. That this is so is indicated clearly by the
example of the Mexican political system, a system in which--as wi11 be
shown in greater detail below--a conscious positive value seems to attach
to such interpenetration, but one which is nevertheless, by common con-
sent, viable.
The third application of interest-group theory to a Spanish Ameri
can context is that of the Argentine legal scholar, Segundo V. Linares
Quintana. It forms the concluding section of the seventh volume of
Linares' Tratado de la ciencia del derecho constitucional argentino y
24
comparado. The author begins his discussion with a capable review of

45
pertinent literature, using especially materials developed at the Inter
national Congress of Political Science held at Rome in 1958. When, how
ever, he comes to apply this theory to Argentine phenomena, he seems to
have found little basis of choice among the several classification systems:
Following the ideas expressed by other authors, Cavalcanti class
ifies pressure groups in the following categories: (1) industry,
commerce, and agriculture; (2) labor; (3) professionals; (4)
civic; (5) social; (6) religious; (7) recreational; (8) educa
tional and cultural. . Applying this classification to our
country, some pressure groups might be mentioned by way of illus
tration. In the category of industry, commerce, and agriculture,
one would have to include the Argentine Industrial Union, the
Argentine Chamber of Commerce, the Rural Society. In that of
labor, the syndicates and, most important, the General Confed
eration of Labor. In the professional sector, the College of
Lawyers, the Association of Lawyers, the Argentine Engineers1'
Centre, and many other associations. Among social groups, the
Jockey Club, the Armed Forces Circle, the Rotary Club. Among
religious associations, Argentine Catholic Action and the Salva
tion Army. Among the recreational, the sport clubs. And among
the educational and cultural, the Academies of Law, Medicine,
etc. It must be pointed out that some of these entities extend
their action into more than one of the indicated sectors.^5
It is patent that the wrong questions have been asked, for it is
difficult to see how this distributory classificationor any similar one
could lead to a realistic analysis of the Argent ine.political process.
Linares himself* is aware of this when he notes that the activi ties of many
of the identified groups overlap the a priori categories. It is question
able, therefore, whether such a distributive scheme would contribute to
the usefulness of a provisional classification. Alfred de Grazia makes
the point succinctly:
An interest group tends to originate wherever political relevance
affects an aggregate. There can be little theoretical value,
therefore, in the endless enumeration and description of interest
groups divided by subject matter. Probably the key idea implicit
in the common functional classification is that certain functional
categories of society hold great power.

46
The present study, as was noted in the Preface, is concerned with Spanish
American groups only to the extent to which they can be shown to be the
loci of effective political power. All the preliminary evidence indicates
that the most promising avenue of investigation is through the general
category that has been denominated "institutionalized functional groups,"
relatively permanent structures characterized by official sanction and by,
in most cases, a broad base of membership. Therefore the type of classi
fication scheme employed above, in which Argentine Catholic Action and the
Salvation Army must fall under the same head because they share the at
tribute of being religious associations," is of very doubtful utility.
It is also instructive, in quite another connection, to juxtapose
two other citations from Linares' work. He writes:
In the Argentine Republic, each day the notion becomes stronger
that, with the failure of the political parties to carry out a
great measure of their essential functions, they are being dis
placed in large part by those powerful groupings that defend
the particular interests of their members. The leaders of di
verse Argentine party groupings have made known repeatedly in
recent times the loss of influence of the political parties,
who have not been able to overcome the intense crisis they were
forced to endure under the dictatorship (still not so distant
in the past); they evidence today their insufficiency to ag
gregate and canalize the influence of the pressure groups.
Every man in the street, in present-day Argentina, knows that
in the institutional dynamics, our parties weigh as little as, .
or less than, the unions, the trade associations, the church,
or the armed forces. . .^7
The awareness of "the man in the street," however, is apparently somewhat
in advance of that of the Argentine Supreme Court; the latter wrote in an
opinion of December 5, 1958:
Aside from individuals and the State, there exists today a
third category of subjects, with or without juridical person
ality, only rarely known in earlier centuries: consortiums,
labor syndicates, professional associations, great corporations,
which almost always accumulate an enormous material or economic

47
power. Often their forces are opposed to those of the State,
and it is beyond dispute that these collective entities
represent--along with the material progress of society--a new
source of threat to the individual and his basic rights. . .
If in the presence of these conditions of contemporary society,
the judiciary were obliged to declare that there is no consti
tutional protection for individual rights as against these col
lective organizations, no one could mistake that such a declara
tion would be equivalent to the downfall of the great objectives
of the Constitution, and, with it of the fundamental juridical
order of the nation.^
What is curious hereaside from the shakiness of the Justices'
historical learning--is the doctrinaire emphasis on the polar extremes of
socio-political organization, the individual and the state, and the un
bridled hostility toward the intermediary bodies. This is the same Re
public, after all, from which emerged, in 1918, the University Reform
Movement whose effects throughout the entire area have been noted, and
which continues to be adorned by one of the interest groups of greatest
antiquity in all Spanish America, the Sociedad Rural.^9 The Justices'
opinion, nevertheless, must be accepted as one "official" point of view
although perhaps not the only one--and as such calls up echos of battles
fought long ago, during the Progressive Era and the New Deal, in the
United States. The degree of "official" awareness, of of acceptance, of
the relevance of intermediary bodies to the political processto be dis
tinguished from the piecemeal concession of sanctions to groups--might ap
pear to be a useful category of investigation. In this respect, Argentina
and Mexico (see below) seem to represent the polar extremes. It is prob
able, however, that at the moment only in isolated cases would sufficient
evidence be at hand to permit accurate generalizations about the dominant
political and legal philosophy of the remaining Spanish American nations.

48
In summation, a number of points have emerged that will be taken
as working principles. First of all, following Ehrlich, no distinction
among groups will be made on the basis of tactics, except in those cases
in which behavior is patently anomic," outside the rules of the game"
as defined by the society. As Blanksten notes, certain types of behavior
which would probably be condemned as anomic" elsewhere--nonviolent coups
d'etat and street demonstrations short of mob" actionseem to possess a
degree of sanction in Spanish America. Whatever may be said about the
coup dj_ltat, it seems clear that the street demonstration is part of the
normal" inventory of political action available to specific groups, most
notably university students and recognized" labor unions. By and large,
however, whether a Spanish American group seeks satisfaction of its in
terest through unspectacular orderly" procedures, or exercises heavy
pressure," seems to depend almost entirely upon factors ext ri nsic to the
group: the viability or nonviabi1ity inherent or temporaryof the
organs of interest aggregation, the fortunes of the nation's economic life,
and--a factor about which little information is in fact availablethe
rules of the game" themselves.
Other exclusions seems also to be required. For the reasons given
above, no distributive cl ass ification--one based in "subject matter"--
would seem to be useful; nor, following Meynaud, is it desirable to at
tempt distinctions on the basis of the "material" or "nonmaterial" nature
of the group's interestsuch distinctions would probably, in any case,
turn out to be much less elementary than they appear. The categories
erected by Almond present rather a different problem. It has been shown
that, on a preliminary basis, the study of the loci of power in Spanish

49
American socio-political structures seems to require that the two
categories "institutional interest groups" and "associational in
terest groups" be combined into one, "institutionalized functional
groups." In this way it should prove possible to avoid the diffi
culties inherent in. the application of concepts subjectively weighted
t
in favor of voluntary and private groups as against those articu
lated into, or dependent upon, the structure of government. Al
mond makes use of two further categories, both of them obviously
relevant to the study of Spanish American political processes:
"nonassociational interest groups" and "anomic movements." Any de
cision to exclude the formeithe "class" or "class/status," "kin
ship," "ethnic," and "locality" solidaritiesfrom a classification
of Spanish American group phenomena must be on an operational basis,
and in doing so the purely heuristic nature of such a classification
is made nakedly plain. Nevertheless, the exclusion can be justified
on two grounds:
1. The requirements of space simply do not permit a sys
tematic consideration of them; at most their existence
must be acknowledged, and their modes of action touched
upon tangentially.
2. It is probable that investigators of the area already
possess much more information about these solidarities
than about the type of solidarity central to this study:
the occupational or associational group.
"Anomic movements," on the other hand, are almost by definition mani
festations of random, nonclassifiable behavior. Until a more precise
definition of the "rules of the game" is available it is not possible
to include them in a systematic treatment.

50
The classification, it seems clear, must then of necessity
be noncogn?tive, that is, it must be designed so as to permit the
ordering of the data at hand, and of data to be gathered in the fu
ture (which may well necessitate its modification); it should not,
however, make use of. a priori cateqorIes--especial 1v those trans
posed from dissimilar contextsupon which to build even higher-
level generalizations. The category institutionalized functional
groups" has been generalized fr perience so as to circumscribe those relatively durable loci of
t
effective political power to be found in the occupational group
structure of the several Spanish American societies. In doing so,
the assumption is that a major step will have been taken toward iden
tifying the constant structural factor in the recurring phenomenon of
political fragmentation; this must be qualified, however, by reite
rating that the other solidarities citedclass and status, the ex
tended family, the nonwhite subculture, the patria chicaoffer com
plementary approaches to the identification and analysis of loci of
effective power.
These considerations have prompted the choice of terminology
institutionalized functional group" in preference to interest group"
or some variant thereof. The former is connotatively neutral, whereas
the latter might introduce subjective values of sufficient weight to
cause distortion. The long neglected area of occupational solidari
ties is taken into full account, yet the concept is flexible enough
to comprise groups organized for the furtherance of ideological ends

51
as well. But as a provisional designation it is like all other
elements of this theoretical section--subject to future modifica
tion should future investigations so demand.
To this point it has not seemed necessary to expand on the
concept of "power". Obviously, however, a refined process of ana
lysis is required if one is to determine how a major Spanish Ame
rican group is able to exert its will upon the national political
process. As will be shown, moreover, some of the points developed in
this analysis will serve also toward the investigation of the logi
cally consequent question, how is it that several such groupsshould
their interests prove mutually irreconcilablecan in effect go their
respective ways and thus paralyze the entire political process. The
investigational scheme erected by Truman is of great utility here,
for it does not make use of a priori categories behind which might
shelter unacknowledged value judgments. He posits that the group's
access to the decision-making process will depend upon a set of varia
bles or "factors," which he groups under three heads.- Under "factors
relating to the group's strategic position in the political system,"
he places: '
1. The status or prestige of the group as conferred by the
society at 1arge.
2. Status or prestige of the group in relation to other con
tending interests, and the types of behavior sanctioned
it by the "rules of the game" by virtue of such status.
3. Membership of government officials in the group.
4. The usefulness of the group as a source of information
upon which to base legislative or administrat ive act ion.

52
The "factors associated with the internal characteristics
of the group" comprise:
1. The degree and appropriateness of organization.
2. The degree of cohesion obtainable in a given situation,
especially as against competing solidarities.
3. The skill and integrity of the leadership.
4. The group's resources in men and money.
Finally, under those "factors peculiar to the governmental
structure itself," are placed:
1. The organizational form of government.-
2. The informal group life of public administration and of
the dominant political parties.31
Some of Truman's variables are obviously dependent upon the
unique features of the national socio-political apparatus or upon the
specific situation, and, given the scope and purposes of the present
study, cannot be considered schematically. It would be difficult, for
example, to-make generalizations valid for the entire Spanish American
area concerning the operational political status of specific groups
within the total social context. By and large, of course, it is as
sumed that certain groupslandholders, the learned professions, the *
militaryare far more prestigious than other groupsthe land laborers
or manual workers; it should be pointed out, however, that in certain
protracted situationsstages of recent Mexican history, for example,
or in Pern's Argentinathe effective political status of the latter
groups has been quite at variance with their socio-economic status
virtually in inverse proportion, in fact. The gradations of rank a-
mong the major groups, moreover, are far too subtle and vary too

53
greatly among the several national structures to permit a closer
conceptualization; such a conceptualization would, in any case,
require the consideration, as variables, of those nonassociated so
li dar i t i es--espec¡ al 1 y "class" and "kinship"that have been excluded
from the present inquiry. The most that can be said, following Tru
man, is that the possession of effective or operational political
status will facilitate the group's access to the decision-making
process. In "traditional" structures, this operational political
status will coincide fairly closely to demonstrable socio-economic
status; in revolutionary situations (where low status groups may be
favored), or in situations of accelerated change (where industrial
and entrepeneurial groups may be advantaged over "traditional" ones),
this is less likely to be the case.
Similarly, the organizational form of government i.e., the
peculiarities of structure that render certain branches or depart
ments more susceptible than others to particular varieties of pres
sureis obviously also a factor that must be elucidated for the spe
cific political system under study. Even closer empirical examination
is required to determine "the usefulness of the group' as a source of >
information," the skill and integrity of the group leadership," and
"the informal group life of the political functionaries."
On the other hand, it might be well to utilize Truman's term
strategic" in a more literal sense than he in fact does, and consider
the possible consequences should the group under study "go over to
the opposition," as, in highly politicized Spanish American contexts,
almost any group might conceivably do. Seen in -this light, the armed

54
forces constitute the most strategic of groups, so long as:
1. They remain unified within each service and across
the three services.
2. They hold an effective monopoly of military force and
are not countered by worker militias, national police
forces, etc.
Other groups are inherently strategic also: the medical profession,
the communications workers (particularly the railwaymen), bank em
ployees and the like can, and do in certain circumstances, exert le
verage out of all proportion to their numerical strength. But it is
safe to say, in a more general sense, that given the fragility and
lack of diversification of many of the national economies, numerous
occupational groups may find themselves able, in the appropriate cir
cumstances, to extract concessions for the routine performance of their
function.
Aside from this general factor of strategic position (per
manent or temporary), it seems.that at most four of Truman's variables
might be investigated with methods applicable to the entire Spanish
American area; that is to say, it seems, in a preliminary view, that
these questions should yield answers relatively constant throughout
the Spanish-speaking nations. The first is a more specific point un
der the heading of "strategic position": if Truman's factor of "mem
bership of government officials in the group" is rephrased to "pri- <
mary relationships between government officials and the group leader
ship, both parties acting ex officio." a useful category of investi
gation is obtained. For if the qualified dependence of groups upon
government (expressed in the formula highly or moderately heteronomous
and moderately autocephalous) permits the polity a degree of control

55
over the group's activity, it also permits the group leadership a
measure of influence in the governmental decision-making process
an influence which bypasses the standard organs of interest aggregation,
the party system and the legislative branch.
The other three variables relate to the internal characteris
tics of the group: the degree of cohesion obtainable in a given si
tuation;- the degree and appropriateness of organization; and the
group's resources in men and money. This last factor, however, can
obviously be investigated in both absolute and relative terms; it is
not yet clear whether it. will be more useful to determine what consti
tutes appropriate" resources for the individual group, or to evaluate
these resources in relation to the resources at the disposal of other
groups. Therefore, both approaches will be used.
The following series of questions is designed to provide the
bases for a preliminary classification scheme. It is not necessarily
a cumulative series, although in the case of some groupsparticularly
the armed forces^-it-may have that effect. The answers to the ques
tions, and the judgments made, must be on a subjective basis; it does
not seem necessary at this point to structure the scheme so as to
elicit quantitative data. Where continuums are used, rankings can be
made by employing the adjectives highly ..., moderately mode
rately highly , reading from right, to left.
Is the group organized?
Does the group possess a leadership cadre, recognized as such;
and does there exist the probability that the directives of the lead
ership will be carried out? Here it is possible, in the study of an
entire national group structure, to take account of the potential"

56'
phase indicated by Truman. Those Spanish American groups that might
reasonably be expected to seek organizationagricultural and indus
trial workers and segments of the bureaucracybut who have not yet
achieved it, can be identified and, for the moment, set aside.
Is it political?
Are the group's activities of a sort or of a magnitude that
the probability exists that it will formulate demands on the polity,
either in isolation or through the medium of aggregating groups or
"tangents"? By asking this question it is possible to eliminate many
varieties of social and recreational groups, although these may well
serve other political functions.
Is it functionally organized?
Is the group organized so as most efficiently to perform its
assigned duty or attain its received end? By definition, most occu
pational and associational groups are functionally organized. If the
national structure is under study, however, it is necessary to deter
mine at this point whether the group's membership is also national,
and if so, whether the organization is centralized or decentralized.
Is it institutionalized?
Does the group possess patterns of reciprocal behavior tending
to promote internal stability and permanence in time? It is of
course precisely on this point that many of Spanish America's .'.'move
ments" have broken down; the reasons usually giventhose based in
Spanish "individualism" and "temperament"are not satisfying.

57
Is it sanctioned?
Are the group's normal activities considered licit or desi
rablethat is, do they receive general social approbation and more
specific forms of juridical and administrative recognition? By using
the term "normal" it is possible to distinguish, for example, between
routine political relations between the armed forces and the govern
mental apparatus, and the covert behavior of officers' cliques '(the
latter may be quite functional and even well institutionalized). As
was noted above, several varieties of institutionalized functional
groups may be nonsanctioned. Presumably, however, only sanctioned
groups can be considered to possess a formal, overt relation in go
vernment. It is possible at this point, therefore, to consider the
ideal types proposed by Weber.
1. Heteronomous autonomous.
Was the group's organization originally sponsored by go
vernment, or was it the outcome of the "spontaneous"
organizing activity of individual members? Has the group
a basic legal statute? If so, do its provisions in
reality promote "institutional" stability? What is the
worth to' the membership of any privileges and special
dispensations contained in the statute? Can it- be re
voked or radically altered at will of government? What
other formal relations exist between the group and the
apparatus of government? (e.q., does the leadership sit
ex officio on governmental or quasi-governmental boards?)32
2. Heterocephalous autocephalous.
Is the group in effect self-governing, or do governmental
functionaries constitute, de facto or de jure, part of
the leadership cadre? Does the group possess its own tri
bunal? What is its range of jurisdiction, and its re
lation to the national judicial system?

58
Is the group strategic?
1. By virtue of the group's sensitive position within the
socio-political or economic organization of the nation?
2. By virtue of its possession of large resources of men
and money?
3. By virtue of the high operational status of the group at
large or its leadership cadre?
4. By virtue of the access obtained to the decision-making
process through the forms of group/government articula
tion determined under the previous heading?
In certain situations, items 3 and 4 may represent but the
informal and formal sides of the same coin: in a "traditional" so
ciety, the high status c>f landowners or general officers may afford
them informal means of access to governmental counsels equal or su
perior in efficacy to those possible through the formal relations of
the group with the polity.
Is the group inclusive?
The concept of the inclusive group makes it possible to take
account of the problems of multiple role-playing and cross-cutting
solidarities.^ The group that can command the almost undivided
allegiance of its members obviously prossesses a greater potential
for formulating extreme demands, and for.pursuing an inflexible line
in furtherance of them, than one whose membership is subjected to con
flicting and divisive disciplines. The statements Of both Whitaker
and Blanksten, cited earlier, indicate that some major Spanish Ame
rican groups do possess this characteristic, with uncertain conse
quences for the viability of the national political systems of which
they are components. Scott's comment on Mexican groups is also to th
point:

59
Competing interest associations cannot easily recruit . .
followers, so the individual is faced with a minimum of over
lapping memberships and consequent divided loyalties. For
all of the proliferating number of interest associations spring
ing up in Mexico as specialization increases, therefore, few
Mexicans as yet have that sense of political ambivalence which
the North American "joiner" so often feels. For the Mexican,
there is only one effective group for political action, what
ever it may be.3^
Scott, it must be noted, attributes this phenomenon largely to the
"charismatic" quality of the leadership of many of the active groups.
There is certainly a measure of validity to this interpretation; how
ever, "charismatic" leadership is but one of the contributory factors.
The others, moreover, are more susceptible to objective examination.
1. Is the group inclusive by virtue of its discipline?
The question here is the ability of the group to impose
its will on the individual, and the penalties for deviance.
It is therefore necessary, first of all, to determine
whether the group has been "imposed" ("oktroyiert," in We
ber's cumbersome terminology) upon the individual, or
whether he may pursue his livelihood without its sanction.
The consequences of expulsion from or denial of advance
ment within the officer corps, the Church, the bureaucracy,
or one of the free professions would certainly be grave,
especially for a "middle sector" individual exclusively
dependent upon wages for his sustenance. At a lower socio
economic level, the advantages of tenure and seniority, as
well as a range of other perquisites, would seem to enforce
a strong conformity on the union member. Further studies
are necessary, however, it can be determined how such dis
cipline is emergized, e.g. during elections. "Charisma--
tic" leadership may be decisive in certain instances, but
the preconditions are certainly already present.
2.' Is the group inclusive by virtue of being life-centered?
a. Does it provide a broad range of material satisfactions?
All the available evidence suggests that the carnets
mentioned earlier are highly valuable possessions. De
pending upon the resources of the group, they may afford
access to reduced rates on public transportation, to
stores, pharmacies and commissaries reserved to the
group's members, to specialized recreational facilities,

60
sports and social clubs, vacation resorts, sanatoria.
The family budget is markedly affected, as is, more
over, the range and character of the family's social
relationships.
b. Does it provide a broad range of psychological satis
factions? The fact that the services made available
to the individual by virtue of his group membership
may also affect his social relationships suggests
that they further strengthen his feeling of identi
fication with the group. At the same time the num
ber and significance of his social relationships
outside the group are reduced. Co-optation (as in
some officer corps) also enhances group solidarity.
Finally, it is possible to consider under this
heading those groups whose "Interest" Is a high
ideological commitment: the Communist Parties of
Spanish America are neither sanctioned nor strate
gic, but they are, as noted before, institutional
ized and functional, and, by the present definition,
inclusive.
Throughout, no account has been taken of "tangents"defined
by Truman as "bridges . uniting persons in two institutionalized
groups or subdivisions thereof."^ The implication has been that
they are of minor significance; otherwise, the phenomenon of the in
clusive group would not be so marked. It must be admitted at once,
however, that evidence on this point is extremely scant. It is, for
example, not clear whether an "imposed" trade association serves as
a tangent, or can more properly be considered the bearer of the in
terest itself. The bridging function is also performed in other
ways: secondarily by the mass mediamost notably by periodicals
with a "class" bias--and primarily by open (nongroup-affiliated) so
cial and recreational clubs (ranged on a carefully graduated "class"
scale in Spanish America, as elsewhere). Study of the "popular Uni
versities" might well reveal that they serve as important tangents
between university student groups and organized labor groups. Finally

61
it might also be proposed that the Spanish American extended family
also serves the bridging function.
The classification scheme sketched above seems sufficiently
flexible to permit significant statements about a variety of groups.
I 1
The armed forces meet all of the criteria: they are organized, poli
tical, functionally organized, institutionalized, sanctioned, stra
tegic (on all counts), and inclusive (on all counts). The univer
sities are far less strategic, and somewhat less inclusive. About
the other major groups fewer generalizations can be made: in the
case of a bureaucracy much will depend on whether or not it has been
institutionalized (divorced from the spoi1s system); the political
efficacy of a labor union will depend on the extent of its sanction
(whether government interventors may be appointed, and in general,
whether it is free from the threat of gross repression).
It would seem also that this scheme can be utilized in cer
tain investigations of the near and distant past as well. The "in
clusive" category, in particular, appears applicable to studies of
the urban structure of the Colony; in this connection, for example,
the functional relationship of the cofrada, (as religious fellowship
and mutual-assistance society) to the qremio becomes clear. However,
adjustments would undoubtedly have to be made in the scheme, as well
in conceptualizations of the other solidarities cited earlier.
For studies of present-day political behavior, the identi
fication and classification of group types are but preliminary.steps.
The inclusive group may exist as an isolated entity; whether it be
haves as one in normal or abnormal political situations, however,

62'
depends on two sets of factors extrinsic to it. One set is related
to the viability of the organs of interest aggregation; the other to
the type and extent of group organization throughout the entire socio
political structure.
An extended discussion of the interest aggregation function
is beyond the scope of the present study. The point at issue is
merely whether the group can obtain satisfaction of its demands
through the channels that have been institutionalized by the particu-
>
lar political system. It is of little account whether such'interest
is realized by a captive political party, or through the aggregative
machinery of a broad-based pragmatic party, or--bypassing the party
system and legislative bodies entirely--through the direct dispensa
tion of the executive or the bureaucracy. So long as the demands can
be met (and so long as other groups are not thereby disadvantaged,
generating a crisis situation) there is every reason for the group to
operate within the effective system.
The second set of factors is perhaps of even greater impor- .
tance. It is patent that in an. industri alizing society, the number
of economic activities and occupational specialties will proliferate
rapidly; and even when new groups tend soon to acquire the characte
ristics of inclusiveness-as seems to have happened in Mexicoit
follows that the base of resources available to each becomes progres
sively narrower, its strategic position grows less sensitive. Further
with the proliferation of interests the possibilities for tactical
coalitions increase as well. These conditions are in radical contrast
to those in the traditional societies of Spanish. America, where the

63
hegemony of the "classic" intereststhe triad Church-military-
landowners, the largely foreign-owned extractive and communications
industries, the import-export merchantsremains relatively undis
turbed.
The present-day Mexican political system offers an almost
schematic example of these points. Following Scott, it would seem
that many Mexican institutionalized functional groups are indeed
highly inclusive, and much objective evidence is at hand to demons-
V
trate how this has come about. The more or less comprehensive basic
statute appears to be a common characteristic of all these groups
in this sense the famous Article 123 of the 1917 Constitution is a
modern protean model. Membership, either of individuals or of sub
groupings, in the institutionalized functional group is generally
obligatory;^ the Law On the Professions permits a maximum of five
associations within a given field, and membership, although clearly
desirable, is apparently not mandatory.^7 jhe military of course
possesses its own special tribunal, while quasi-judicial' tribunals
serve the civil service workers (the Tribunal of Arbitration) and' la
bor (the Federal and local Boards of Conciliation and Arbitration)
despite a constitutional provision to the contrary (Article 13).^
These three functional groupings, as well as the universities, are
markedly "life-centered."^^
However, these institutionalized functional groups are arti
culated directly into the structure of the institutionalized Revo
lutionary Party, which in turn has controlled every legislature and
elected every president since its foundation in 1-928. They comprise

64
as blocs, the party's three "sectors"Farm, Labor, and Popular.
These sectorswhich compete among themselves for the party's share
of legislative representationare thus enabled to take more or less
precise account of demands formulated from below, to aggregate them,
and to come to viable accomodations, either in informal caucus or
formally in the legislature.^ Of the sectors, the Farm Sector is
1
the least differentiated, being composed of only three groupings: the
National Peasant Confederation, the Peasant Union, and the Mexican

Agronomists Society. The Labor Sector and the Party Sector, however,
each comprise upward of fifteen groupings; in the latter, it should
be noted, are included those persons who have entered the party as
individualsthey amounted to, in 1958, some 75,000, of a total party
4l
membership of more than 6.6 millions. This aggregation of diversos
probably includes a relatively high proportion of military personnel;
the Military Sector, designed to bring the military to formal account
ability in the political arena, did not prove a success and was dis-
I O
solved in 1940. Other major groups remaining outside this institu
tional structure are the Church and the newer managerial, groups; the
latter also have access to the political process however, through the
formal and informal relationships between their institutionalized
(and compulsory) functional groups (the Chambers of Commerce, of
Light and Heavy Industry, Associations of Employers, etc.) and party
and administrative functionaries. "The amaras have friends at
courts . "writes Scott.^
That the political potency of the single inclusive groups
has been reduced by the prol i ferat ion of similar groupsall becoming

65
increasingly specializedis already apparent from what has been
said above. This proliferation has, in fact, made it difficult at
times to preserve the homogeneity of the sectors, as the number of
interests within each has multiplied.^ So far, however, it has pro
ven possible to contain these internal struggl.es, and, should the
rate of economic growth remain relatively steady, there is every
reason to believe that the political system will continue .to evolve
with it.

66
NOTES
1 Jean Meynaud, Les groupes de pression en France (Cahiers
de la Fondation Natlonale des Sciences Politlques, No. 95; Paris:
Librairie Armand Colin, 1958), 20-21.
^Stanislav Ehrlich, "Une contribution a 1'etude du probleme
que posent les groupes d'interet," paper read before International
Congress of Political Science, Rome, 1958. Cited by Segundo V. Li
nares Quintana, Tratado de la ciencia del derecho constitucional ar
gentino y comparado. (7 vols.; Buenos Aires: Editorial Alfa, 1955-60)
VI!, 696.
3oavid B. Truman, The Governmental Process: Political In
terests and Public Opinion. (New York: Alfred A. Knopf, I960), 37*
4Ibid.. 34-35.
*
5qp.cit., 455-531.
^1 bid.. 477.
7|bid.. 501-502.
81bid.. 496-501.
9lbid.. 511.
^(New Orleans: Hauser Press, 1961), 31.
^William F. Barber, Review, of The Conflict Society: React i on
and Revolution in Latin American, by Kalman H. Sil vert, Hispanic Ame
rican Historical Review, XLI1 I (February, 1963), 114.
^20p.c?t., Almond's remarks on "multifunctionality" (p.!7ff),
on "cultural dualism" (pp. 21-22), on "industrial" versus "agrarian"
norms and structures (pp. 22-23), on the relation between "modern"
and "traditional" components (p. 24), and on French political culture
(P. 37) may all suggest new conceptual approaches.
131bid.. 33.
l4lbid.. 34.
. ^Truman, op.cit. 27-28.
'^Weber, "Types of Social Organization," 224.

67
/see especially Gabriel del Mazo, La reforma universitaria
y la universidad latinoamericana; tres conferencias y un mensaje
(Buenos Aires: Compafa Editora y Distribuidora delPlata, 1957),
and the compendious work of Luis Alberto Sanchez, la Universidad
1 at inoameri cana (Guatemala: Editorial Universitaria, 1949).
l fi
1 Silvert, op.cit., 35, has commented upon the relationship
between the universities and their dependent professional associa
tions. See also Luis Gonzalez Seara, "La independencia de las pro
fesiones liberales, Revista de Estudios Polticos, No. 113-114
(September-December, I960), 147-158.
'^Juan Beneyto, "Los puntos de partida de la organizacin
poltica hispanoamer¡cana," Revista de Estudios Polticos, No. 91
(January-Februery, 1957), 159-160. Beneyto considers the form to be
very much within the Hispanic institutional tradition. The standard
work remains Alberto Demichel, Los entes autnomos: regimen jurdico
de los servicios pblicos descentralizados (Montevideo: 1924).
2^See especially William V. Stokes, Latin American Politics
(New York: Thomas Y. Crowell Co., 1959), 231-260.
9 1
L Cf. de Grazia, op.cit., 114. The Frenchman Meynaud
(op.cit.. 20) also postulates a high degree of rationality and de
mocratic process in such groups.
220p.ci t. 36.
Loe.cit.
240p.cit., 675-718.
2^lbid.. 703-704.
260p.cit.. 115.
2?0p.c?t.. 716. ,
28 Ibid.. 698.
^Prudencio Mendoza, Historia de la ganadera argentina (Buenos
Aires: L. J. Rosso, 1928) passim. Although the present Sociedad Rural
was organized only in 1863, it had been preceded by a Comisi on de
hacendados. a Junta de hacendados, the colonial gremio de hacendados
(1791 -ca~8l3) and by more protean forms of organized cattlemen's
interest dating as far back as 1609-
3See, however, Thomas A. Cowan, "Group Interests," Virginia
Law Review. XXXXIV (April, 1958), 331-346; same author "A symposium
on Group Interests and the Law," Rutgers Law Review, XIII (Spring,
1959), 429-603, and the critique of.the latter in Karl Krastin,

68
"Group Interest and the Law," Journal of Legal Education, XI I I
(i960), 59-66. As Krastin notes, the belief that groups should be
granted recognition before the law is diluted by a reluctance to
do so.
^Truman, op.cit., 506-507.
3^0nly Ecuador possesses a formalized "functional" or
"corporative" representation (comprising part of the Senate).
Austin F. MacDonald, Latin American Politics and Government (2d ed.;
New York: Thomas Y. Crowell Co., 195*0, *+72.
The concept is adapted from William Kornhauser, The Po-1 i t ? cs
of Mass Society (Glenco, 111.: The Free Press, 1959), 78-82. If
Kornhauser's conceptual scheme is applied in toto to Spanish America,
one would have to conclude that the area's social structure Is
"communal" and "medieval." This does not seem helpful.
34Robert E. Scott, Mexican Government in Transition (Urbana:
University of Illinois Press, 1959), 94.
35pp.cit., 40.
^Scott, op.cit., 284; William P. Tucker, The Mexican Govern
ment Today (Minneapolis: University of Minnesota Press, 1957), 218-
220. All business enterprises are legally required to belong to the
appropriate Chamber of Commerce or to the Chamber of the industry in
which they are operating.
^Tucker, op.cit., 371.
38lbid., 84
39see Scott, op.cit., 81, for the perquisites and emoluments
of the federal civil service: low-cost housing, special commissary
privileges, a hospital, 50 percent rebate on drugs, yearly bonuses, etc.
401 bid., 162-176. Scott uses the apt term "corporate central
ism" to describe the system.
4^ Ibid., 165-167, for a statistical tabulation of the parties
groupings. Howard F. Cline, Mexico: Revolution to Evolution (Royal
Institute of International Affairs; London: Oxford University Press,
'%2), 345-346, f urnishes the same table, adding estimates of the
socio-economic class levels of the party's groupings.
42Scott, op.cit.. 133-134.'
43 Ibid.. 24.
44Ibid.. 162-164, 169-170. '

CHAPTER I I I
GROUPS AND THE STATE IN THE POLITICAL
THOUGHT OF THE SIGLO DE ORO
I "
In the preceding pages, a hitherto relatively unexplored area
of Spanish American socio-political phenomenathose comprised under
the unwieldy rubric "sanctioned institutionalized functional groups"-"
has been demarcated, and methods and terminology for its study have been
proposed. Such groups, it seems likely, constitute a major variety of
social "solidarity"; moreover, as evidence from the highly "stylized"
Mexican system seems to indicate, their study may offer.an important ap
proach to the functional analysis of the political culture of the area.
It is clear, however, that until a number of such studiespreferably
by several handsshall become available, the necessary evaluation and
modification of methods and theoretical categories cannot take place.
The present work must therefore seek yet another means with which to
make the study of Spanish American group phenomena manageable.
It was suggested earlier that there exists a marked si mi lari ty-
between many modern Spanish American "inclusive" groups and the corpora
tions of the Old Regime, and also, possibly as a consequence, a more
tenuous similarity between certain of the political processes of the two
periods. It does not seem justified, however, to posit direct institu
tional continuity save perhaps in exceptional cases. How, then, is one
to account for the seeming persistence of patterns of group behavior and
of the devices with which such behavior is.stabi>ized or institutionalized?
69

s
70
Many types of investigation in Latin American history turn on this ques
tion, yet there is notand probably cannot beany way of conceptualiz
ing an answer applicable in all cases. As Charles Gibson writes in a
forthcoming article, .
a colonial institution may be consequential without being con-
tinuous[;] modern legacies of colonial institutions may appear
in disguised forms. ... It is impossible to think of anything
social or cultural that has not been modified in some degree in
Latin America since the colonial period. But it is also possi
ble to see some of these changes as superficial adjustments that
do not affect underlying uniformities, or as variations on con
stant themes.'
Perhaps, for the moment, it is most sensible to translate the
problem into one in intellectual historythis, on the conviction that
the ideas that men hold concerning the nature and ends of their society
are at least as significant as, and logically anterior to, the institu
tions through which these ideas are objectified. That is, it seems quite
permissible to hypothesize the endurance in time of certain specifically
Hispanic concepts concerning the nature and function of human groups,
and their articulation with the state. Since such concepts are the ma
terial of political and legal theory, the problem becomes manageable;
/
the hypothesis can be tested.
There seems no alternative but to begin at the beginning, in the
sixteenth and early seventeenth centuries when the political, social,
and legal institutions of the Colony came to crystallization. A number
of important considerations, in fact, argue in favor of doing so. For
this was the Golden Century of Spain, and in this period Spanish philos
ophers and publicists achieved a level of excellence quite in keeping
with that of their gifted contemporaries in other fields; not until the

71
2
twentieth century would Spanish thinkers again attain such eminence.
The political and legal theory of this 1ate-Scholastic school was nota
bly comprehensive and lucid, and as a consequence (of practical impor
tance here) it has attracted considerable scholarly attentionat least
*3
on the part of Spanish and Continental writers. Moreover, the doctrines
of Vitoria, Soto, Mariana, Molina, Suarez, and the other Schoolmen were,
as to essentials, in agreement; they formed a relatively homogeneous body
of thought. Their dissemination, also, was uniform, throughout both the
Peninsula and the New World, although--as will be noted belowthere ex
ists serious disagreement as to the extent to which they were actually
emphasized in the curricula of the Hispanic universities. Finally, the
close relationship between political and legal theoryfor 1ate-Scholastic
doctrine was intended for translation into juridical normsmakes the
work of. the Spanish late-Scholastics particularly apt for the present
inquiry.
The sudden and impressive flowering of Spanish philosophy in the
sixteenth and early seventeenth centuries is generally considered to have
followed directly upon the reintroduction into Spain of the Thomistic
system by the Dominican Francisco de Vitoria in the early sixteenth cen
tury, and its rapid dissemination through the new or rejuvenated Spanish
universities.^ With some notable exceptionsthe Erasmist Luis Vives,
for example--the Spanish philosophers followed Aquinas rather closely,
Maurice de Wulf writes of the
real and profound revival in Spain and Portugal during the six
teenth century, a return to the great, leading principles of
scholasticism, an intellectual awakening which bears eloquent
testimony to the vitality of its doctrines in the hands of
really capable men as distinct from petty, unenlightened

72
quibblers. In the midst of the barren wastes this branch was
seen to blossom forth and to bear abundant fruit. There were
certain extrinsic causes, however, which militated against
the new scholasticism of such men as Suarez and Vasquez. . .
Its failure to adapt itself to contemporary forms of thought
accounts quite sufficiently for the ephemeral character of its
influence.5
For the Spanish late-Scholastics, speculations on the nature, ordering,
and ends of human society were ancillary, in many cases, to the erection
of larger theological systems; however, the Dominicans (Vitoria, Soto,
Covarrubias, Cano) and the Jesuits (Suarez, Molina, Vasquez, Mariana,
Gregorio de Valencia) devoted much attention to specifically legal and
political problems.
The high tradition did not survive the precipitate decline in
the fortunes of Spanish polity during the reigns of Philip 111 and
Philip IV. After the death of Suarez in 1617 there are but few theo
rists even of the second rankSaavedra Fajardo, Tovar de Valderrama,
Santa Marfa. By 1650 the line had become virtually extinct, and Span
ish philosophymost especially political philosophywas to remain qui
escent for another century, until the advent of Ward, Campomanes, Jovel-
lanos, and the other i 1ustrados of the time of Charles 111. Roger La-
brousse writes of the period 1650 to 1750: "we have made several probes
[sondaqes 1 among the fifty or so Spaniards indicated [by J. B. Gener,
Theologja Dogmatico-Scholastica. 1767] without encountering anything
worthy of interest."^
If, as an independent philosophical system, Spanish late-
Scholasticism proved "ephemeral" and was superseded to the north of the
Pyrenees by Cartesianism (and in political philosophy by doctrines orig
inating in Bodin, Hobbes and others), the question of continuing

73
"Influences" remains rather more complicated. In the development of in
ternational law, the debt of Grotius to Vitoria and Suarez has long been
acknowledged.^ More recently, a German scholar, Ernst Reibstein, has
argued cogently that certain similarities between the doctrines of the
Spanish school and the proto-pluralist system of Johannes Althusius
p
similarities first pointed out by Gierkewere more than apparent; that,
in fact, Althusius had borrowed heavily from the Dominicans Vasquez de
Menchaca and Covarrubias. With respect to Suarez, the Doctor Eximio.
Alain Guy has written:
The influence of Suarez on his posterity was very large, but
often subterranean or sparsely cited; until the middle of the
eighteenth century the Metaphysical Discussions served as the
official philosophy text in numerous universities (above all
in Germany), and Protestants as well as Catholics made good
use of them as a repository of learning (a repository, however,
lacking in the contributions of the mathematical and experi
mental sciences, signposts of the modern age). It has been
established that Descartes, Leibniz, Grotius, Heerebord,
Glisson, Fichte, Schelling, and Hegel drew from them.
It is clearly unjustified, therefore, to think of the Spanish late-
Scholastic school as sterile, even within the context of European phi
losophy. Its influence in Spain's overseas dominions was still more
marked.
The importance of Suarez, in particular, for the formation of a
specifically Spanish American political and legal philosophy has received
much attention, of an ambiguous sort, in recent years. As long ago as
'927, it should be noted, the Guatemalan-born legal scholar Luis Recasens
Siches contributed a masterful study of Surez1 juridical thought.^
However, in 1946 an historiographic trend and a minor polemic were ini
tiated with the publication of Manuel Gimnez Fernndez' "Doctrinas

74
populistas en la Independencia de Latino Amrica." The thesis of this
work was that the ideological justification of the independence movement
cannot be found in
the Rousseauian concept of the perennially-renewing Social Con
tract, but rather in Suarez' doctrine of popular sovereignty, a
tendency-perfect ly orthodox wi thi n its voluntarist inflexion
of the Thomistic theory of Civil Power, which requires (as against
the contractualist heterodoxy) an existential articulation, so
that the sovereignty delegated by the people to its legitimate
organs may [in certain circumstances] revert to the whole of the
people. ^ ,
yThl? approach (which, it must be said, lends itself to polemicizing on
the part of orthodox Catholic writers) has been developed, with varying
emphasis, by others, notably Pueyrred6n,^ Furlong Cardiff,^ Gomez Rob
ledo,^ Garcfa Gallo,^ the Hi spanoameri can Historical Congress (Madrid,
1949),^ and Stoetzer.^ At this point, one can only agree with Charles
Griffin, who finds the thesis "strongly asserted and not lacking in plau-
sibility," but "difficult to prove by direct evidence." 3 However, Grif
fin's further contention that "this version of Catholic political thought
. . had not been generally accepted in the Spanish universities and
even less by writers on Spanish or colonial law" u is rather more dubi
ous. It seems to have been effectively refuted by Father Furlong's well-
documented argument that "it is very certain that no other philosopher
exercised as much influence [as Surez] in the Rio de la Plata from the
beginning of the seventeenth century until the beginning of the nine-
21
teenth," and by scattered evidence from other areas of Spanish Amer-
22
lca- In view of the paucity of impartial studies, however, the ques
tion must remain open.

75
The present study ¡s not intended to form part of the histori
ography outlined above. Its objective, rather, is simply to demonstrate
that there existed in Spanish neo-Scholastic political theory
1.. An awareness of functional groups as constituent ele
ments of the civil polity.
2. A requirement that they be subordinated to the supreme
public authority in a particular way.
3. A further requirement that they then be allowed to in
stitutionalize and protect themselves, through the
sanctions of customary or positive law, so as to achieve
a degree of immunity from the caprice of that public
authority.
These points, if they can be substantiated, neither confirm nor refute
the thesis of Gimnez and his colleagues. They will merely establish
the probability that a particular concept of the social and political
role of human groups had been stabi1ized, for the entire Hispanic world,
for a period of time extending, in all likelihood, until the late eight
eenth century.
The writings of Suarez are of especial utility in this study.
His considerations of the nature of political society, found chiefly in
the De leqibus ac Deo legislatore (1612) and Defensio fidei (1613),^
represent perhaps the most comprehensive and logically^coherent statement
of theory in the Spanish 1ate-Scholastic canon. In these works, Suarez
succeeded in codifying much of the doctrine of medieval Scholasticism in
such a manner that it remained a unified source of theory for later gen
erations; in addition to the intrinsic worth of his work, that is, he
fulfilled to some degree the function of a transmitter.^ Through se
lections from other theorists, however, it will be possible to demonstrate

76
that, on the question of groups, there existed agreement among the
late-Scholastics.
The medieval (including, in this context, Scholastic and late-
Schol ast ic) concept of society has frequently been characterized, espe
cially since the late nineteenth century, as "organic." Superficially,
there seems ample justification to do so. As Lewis writes, ^
the doctrine of the Church, Aristotle's emphasis on speciali
zation of function as the essence of "the perfect community,"
and the actual stratification of medieval society all led to
the concept of society as an elaborately articulated structure
in which each member had his own appropriate rights and duties,
assigned him not for his own sake but for the sake of the well
being of the whole; and thus not necessarily equal to the
rights and duties of others; a structure unified and directed
to the common end by the supreme control of a single ruler,
whose right was similarly based on his usefulness to the com
mon end rather than on his responsiveness to a common wlll.2^
A number of modern commentators have, however, used these concepts as
pegs on which to hang their own theses. Gierke was wont to believe that
"properly medieval thought" ascribed an intrinsic value to every partial
whole down to and including the individual, and felt that the "failure"
of medieval thought lay in its refusal to take the logically consequent
O
step of granting real juridical personality to intermediate groups.
Had it done so, it would have more closely resembled Gierke's own
_Genossenschaftstheorie.^ Similarly, Heinrich Rommen, departing from v
his interpretation of modern corporatism, emphasizes the analogy between
the body social and the physical body of the human individual:
There was no Scholastic who did not avail himself of the or
ganic analogy. . The well-ordered constitution consisted
of the proper distribution of functions among the members and
in the appropriate activity, strength and composition of each
member; . .all the members were to fulfill and sustain them
selves in their functions, but were never to lose sight of the
advantage of the others, and were to consider an injury to one

77
to be an injury to all. The [juridical] norms of the proper
relationship as an organ, on the one side, and the concern
for the members on the part of the supreme civil authority,
were determined and regulated through special forms of justice,
the iustitia legalis and the justitia distributiva. Further,
the concept of the functional differentiation of the members
of the organism was carried over to social life, giving rise ^g
to the necessity of occupational, corporative, differentiation.
It is quite true that this analogy was made regularly. In Thomas Aquinas
one finds, "As private individuals all men who belong to one community
are considered to be almost (quasi) one body, and the whole of the com
munity is considered to be almost (cuasi) one man.,,29 The use of "al
most" makes clear the limited utility of the figure. In other writers
of a less subtle or more literal turn of mind, however, the analogy was
pressed much furtheiin the case of John of Salisbury, to the point of
indelicacy.The Spanish late-Scholastics also accepted the comparison,
andas will be shown belowmade varying uses of it. It is therefore
not surprising that they included considerations of the nature and po
litical role of groups in their systems. The formulae that emerged from
these considerations, however, were far from simple, or simplistic.
Much of the confusion created by modern commentators is the re
sult of unclear terminology, writes Lewis:
If by an organic theory we mean a theory which emphasizes the
harmony between the individual and organized society, which
sees political organization not as merely restrictive but as
positively necessary to the fulfillment cf human nature; which
visualizes social bonds as deeply rooted in human need, and
not in a mere revocable and deliberate contract; which derives
all political rights not from individual rights but from common
purposes; which, from objective considerations of utility, is
led to approve an inequality of political rights and the exist
ence of spheres of absolute and irresponsible authoritythen
medieval [i,e.. Scholastic] political theory was organic.*
On the other hand,

78
if by an organic theory we mean a theory which conceives that
the whole has a purpose distinct from and superior to the ends
of individuals; which construes the whole as an hierarchy of
partial groups each with its special end and with a right as a
group to realize that end; which posits an intrinsic unity of
each group like the unity of the human individual; which views
the officers of the group as organs through which the unity of
the whole expresses itselfthen medieval political theory was
not organic.32
The 'organic" concept of society set out in the first citation
above could not lead to the more "modern" conclusions in the second for
a number of very cogent reasons. In the first place, Scholastic and
late-Scholasti c thought was emphatically centered upon the individual,
for only the individual was a real entity, and any group of which he
formed a part was but an association of individuals.^ Hence the denom
ination of any collective entity, including the state, as a "fict?ve
person.
.34
To be sure, in its consequences for social and political the
ory the Scholastic doctrine of individualism was far different from the
modern concept, in that it emphasized the common humanity of the human
person rather than his individuality. Thus his role in the political
process could be deduced by the reason from the common human nature of
humanity, which comprised a set of fixed postulates not subject to dis
pute. Nor was it necessary to endow the individual with natural politic
cal rights (save perhaps that of property) which he might of his own vo
lition exercise. The consequence of this concept of individualism, says
Lewis, was inevitably that of political order must have a paternalistic
cast: the tyrant was the ruler who disregarded, not the wishes or the
tights of his individual subjects, byt their interests.35
Further, even as the organs pf the human body are ordered to the
whole, the constituent functional membersgroupsof th body politic

79
must be ordered to its entirety as imperfect to perfect, as societas im
perfecta to societas perfecta. Being imperfect, they were only partial
means toward the accomplishment of the ends of the individual, the eco
nomic order, or the state. Nor did the mere fact of individuals and
groups living in physical juxtaposition to one another presuppose a unity
of order, a harmonious common effort toward the common end; generally
the reverse. Thus inherent unity must be differentiated from unity of
order; the latter was the principle of political organization, organi
zation which, once arrived at in whatever mode, monarchist, aristocratic,
republican, must be maintained by the human agency or office encharged
with this function, the supreme civil power.
It follows . that the possibility of ascribing real per
sonality to the civil group was precluded by the very premises
of medieval political thought; and that the legal personality
of the group must necessarily have been placed where medieval
thinkers placed it: in the ruler, who alone could give any
sort of unity to an otherwise amorphous and discordant mass of
indi vi duals.3
This distinction between inherent unity and unity of order under
lies Surez1 concept of the Corpus mysticum politicum. It isa mystic
and political body because the relationships among individuals are not,
as in the physical body, biological, or as in a mechanism patterned after
the human body, mechanical, but moral. This is so because the constituent
units of the body social are individual human beings, possessed of both
reason and will. And since these relationships are moral, they are sub
ject to normative statements, that is, the positive or customary law of
the state.37 ¡t should be noted parenthetically that on the source of
positive law Suarez departed from many of his great predecessors, includ
ing Vitoria: for the latter, positive law was objective, discoverable by

80
i
the reason in the nature of human relationships; Suarez, however, as
signed greater scope to the will (still, however, in conjunction with
and ultimately subordinate to the reason), and has therefore been con-
sidered, as in the citation from Gimnez Fernndez, a voluntarist.
Within such limits, the Spanish 1ate-Scholastics made use of the
organic analogy according to their individual lights. In the Republica
original sacada del cuerpo humano of Jeronimo Merola, or the De optima
recis institutione of Juan Gallego de la Serna, the usage is literal- N
minded and undistinguished. ^ The royal counsellor Sebastin Fox
Morcillo, on the other hand, took pains to emphasize the hierarchical
principle within the organism, the predominance of certain members over
others. The head presides over all the body, the body over the limbs,
the arms over the hands; the soul presides throughout, but is also hier
archically organized, the mind over the will, the will over the lesser
faculties, etc.^
Suarez makes limited use of the analogy. For example, in his
discussion of potestas, sovereignty, he writes that it is not only cre
ated simultaneously with the Corpus mysticum politicum, but also resides
in it; the exercise of sovereignty, however, must be indivisible and
vested in a single office (though not necessarily in a single individual)
the same may be asserted from the natural example of the human
body, which, lacking a head,, cannot be preserved. The civil
state is on the model of a complete human body: without its
diverse servants, and orders of persons consisting of many mem
bers, it cannot exist. '
A much more subtle sort of corporatism is implied in the following
passage: .

81
thus in a political body the members thereof customarily come
together for moral association, not, in all the corporations,
as determined by the reason, but from natural impulses. These
should be allowed within due measure.
Association, that is, is a natural impulse of man, and is not always to
be explained by the reason. Thus choice based on rational calculations
of self-interest (including a contractual relation between people and
state) is to a degree circumscribed.
In the seventeenth century the framework became less overtly
Scholastic; the language seems to reflect a more direct sociological ob
servation. In 1626 Juan Pablo Mrtir Rizo wrote, in his Norte de prin-
cipes, that the republic is a body composed of several members whose
diverse operations have for their object and supreme end the good govern
ment, the increase and preservation of the body of which they are the
members. Consequently, this will be the just government, with supreme
authority, of many families and of that which they have in common.
The word families, however, may not have retained its exclusive conno
tation of consanguinity; Maravall comments on the striking formulation
of Diego Tovar y Valderrama in the latter's Instituciones polticas of
1645;
the republic is an aggregation of many families forming a
civil body with different members: a supreme power serves
them as chief, and maintains them under just government. In
this union are contained the means of preserving temporal life
and meriting eternal life." . The corpus of the state
writes Maravallis formed by other organic human groups: the
families. These are the material or the parts of which is
formed this corpus . they are no longer individuals, nor
are they the families that constitute the immediate members of
the mystic body of the republic, but rather much vaster congre
gations of individuals characterized by diverse occupations or ^
employments." . Tovar enumerates these members or estates,
which he limits to eight: the clergy, the magistracy . the
army, the nobility, agriculture, commerce, the liberal and

82
industrial professions, and above all as principal member, the
supreme power, which produces amity, unity, and obedience in
the body of the state . giving it 1ife as such. Without
the supreme power, the body cannot be said to be alive.^
The apparent fusion of the concepts of family and functional group is
curious. It is frequent in Suarez as well, as will be shown.
To understand the political relationship between groups and the
state in 1ate-Scholastic theory, it is imperative first to consider the
origins and structure of the state itself. In a complete and mutually-
reinforcing system like that of Surez, it is difficult to locate a
point of departure; nevertheless, the following selection offers several
fundamental topics for commentary:
man is a social animal, and cherishes a natural and right de
sire to live in a community. In this connection, we should
recollect the principle already laid down, that human society
is twofold: imperfect, or domestic; and perfect, or political.
Of the divisions, the former is in the highest degree natural
and (so to speak) fundamental, because it arises from the fel
lowship of man and wife, without which the human race could
not be propagated nor preserved. . There arises the first
human community, which is said to be Imperfect from a political
standpoint. The family is perfect in itself, however, for pur
poses of domestic or economic government. But this community
... is not self-sufficing; and therefore from the very nature
of the case, there is a further necessity among human beings
for a political community, consisting of at least a city-state
(ciuitas). and formed by the coalition of a number of families.
For no family can contain within itself all the offices and >
arts necessary for human life, and much less can It suffice
for attaining knowledge of all things needing [to be known].5
In the first place, the bald assertion that man is a social ani
mal" is of far-reaching significance. It indicates that Suarez, follow
ing Aristotle and the earlier Scholastics, accepts that social organiza
tion arises from the Inherent nature of the human being; it is not merely
that man cherishes" (appetere) the desire to live within a community,
it is a thing of necessity (natura sua postulans)he has no choice.

83
This being so, social (which becomes, in its "perfect" form, political)
organization is not to be regarded as a necessity imposed by the fact
of the Fall, as it was by the Augustinians and Lutherans,^ nor is it
reserved to Christians. Suarez, in fact, asserts that the impulses to
ward political organization of non-Christian peoples differ in no essen-
48
tial way from those of Christendom. The principles governing such po
litical organization, therefore, will be those of natural law, whence is
derived directly the human, or positive, law--"law devised and estab
lished proximately by men"that will be operative within the stte,
49
once established.
In the family, to be sure, there has already been established a
normative system, the potestas dominativa: "in a domestic community,
there exists by the very nature of the case, a suitable power for the
government of that community, a power residing principally in the head
of the family.It remains a system of private law, however, binding
only within the family; there is no potestas iuri sdictionis. public law,
binding upon several such families.^ Furthermore, the mere multiplica
tion of families does not Of itself bring political union, for
it may be regarded simply as a kind of aggregation, without
any order, or any physical or moral union. So viewed, [men]
do not constitute a unified whole, whether physical or moral,
so that they are not strictly speaking one political body, and
therefore do not need one prince, or head. Consequently, if
one regards them from this standpoint, one does not as yet con
ceive of the power in question as existing properly and formally;
on the contrary, it is understood to dwell in them at most as
a fundamental potentiality, so to speak.
The difference between an aggregation of individuals and imperfect soci
ales and the perfect, or political, society, is not one of degree, but
of kind, and resides in the

84
special volition, or common consent, by which they are gathered
together into one political body through one bond of fellowship
and for the purpose of aiding one another in the attainment of
a single political end. Thus viewed, they form a single mystical
body which, morally speaking, may be termed essentially a
unity. . .53
The ontological argument is similar: for in all varieties of physical
or moral entities, without any union of distinct plurals there does not
54
emerge any unity from those standing in propinquity."
The single political end" for which they unite, the end for
which the family or any other imperfect society is not self-sufficient,
is the bonum commune, a term rendered unsatisfactorily in English by
"common good" or commonweal." Suarez cites the Thomistic doctrine the
common good is the prime measure by which the justice, utility, and con
venience of the laws are judged.55 it is not, for Suarez, the eternal
or temporal felicity of individuals as individuals; rather,
its end is the natural happiness of the perfect human community.
It bears the community's burdens and those of individuals, in
sofar as those individuals are members of the community; so
that they may naturally live in peace and justice and with the
sufficiency of material goods required for the preservation of
physical existence; and with that probity of custom necessary
for the external peace and happiness of the state, and for the
proper protection of human nature.5
The Corpus mvsticum politicum that is the result of the political
organization of men to achieve the common end, the bonum commune, is a
iictive person57 with moral or institutional continuity in time.5^ The
term f¡ctive does not prevent the state, as a moral person before the
positive law, from being held responsible for its collective acts, as in
the case of an unjust war."^ At this point, one has the impression that
the Corpus mvsticum politicum of Suarez begins to draw remote from the
individuals who comprise it, and that it begins to become in a vague way

85
60
an entity unto itself. Thus the limitations placed upon the exercise
of sovereignty (see below) have the effect of setting up a series of
tensions between ruler and ruled.
The Corpus mvsticum politicum, withal, is the civil polity, in
distinction to the Corpus mvsticum Ecclesiae. the Church. While the
rationale of this position may or may not have been intimately linked
to the embittered religious controversies of his time, Suarez' argu
ments for th separation of the two bodies are logically impeccable. The
two differ with respect to their origins and ends and, most important
here, with respect to their material causes. It cannot be maintained
that the Church was brought into existence by the men who comprise it;
however, the material cause of the Corpus mvsticum politicum is the
i 82
people.
Sovereignty (potestas). defined as the power to make laws coupled
with the existence of individuals subject to that law,¡s created si
multaneously with the Corpus mvsticum politicum. and resides in the au
thors of the latter.
The power in question resides, by the sole force of natural
law, in the whole body of mankind [collectively regarded], .
. This power does exist in men, and it does not exist in
each individual, nor in any specific individual, . there
fore it exists in mankind viewed collectively [so long as they
are not a mere multitude but are organized in political union],^
However, in order that such sovereignty be exercised, a particular organ
encharged with that function must be created: in a perfect community
there must necessarily exist a power to which the government of that com
munity pertains; this principle, indeed, would seem by its very terms to
be a self-evident truth.But Suarez will not accept the opinion of

86
certain canonists who assert that by the very nature of the case this
[legislative] power resides in some supreme prince upon whom it has been
divinely conferred, and that it must always, through a process of sue-
66
cession continue to reside in a specific individual. "The basic rea
son," says Suarez, "is evident . the fact that in the nature of
things all men were born free; so that, consequently, no person has po
litical jurisdiction over another person. . ."^7 For Suarez, neither
the argument that the legitimacy of dynasties has descended in an unbro-
68
ken line from Adam, nor the argument that their legitimacy has on oc-
69
casion been sanctioned by divine revelation is tenable. Therefore,
while "the contention that the power under discussion comes from God as
its primary and principal Author ... is clear and beyond dispute,"^
this power is a "natural" attribute of a perfect human community which
may transfer it to another seat of authority.7' Or, turning the argu
ment around, "such power, in the nature of things, resides immediately
in the community; and therefore, in order that it may justly come to
reside in a given individual, as in a sovereign prince, it must neces
sarily be bestowed upon him by the consent of the community."7^ Again,
for this governing power, regarded from a political viewpoint
and in its essence, is undoubtedly derived from God, as 1 have
said; yet the fact that it resides in a particular individual
results . from a grant on the part of the state itself;
and therefore, in this sense, the said power pertains to human
law. Moreover, the monarchical nature of the government of
such a state or province is brought about by human disposition
. . therefore the principate itself is derived from men. An
other proof of this derivation is the fact that the power of the
king is greater or less, according to the pact or agreement be
tween him and the kingdom; therefore, absolutely speaking, that
power is drawn from men.73

87
A number of points in the citation above may be elaborated upon.
It is apparent that it is the usufruct of power that is alienated ("after
that power has been transferred to a given individual, and even though
it may pass as the result of various successions and elections into the
possession of a number of individuals, the community is always regarded
as its immediate possessor . .").' The transfer is made to the prince
or public authority not by virtue of his person but by virtue of his of
fice; but once made, the transfer is absolute ("he wields this power as
its proper owner and as one entitled to it by virtue of his peculiar
office.").^
Furthermore, while Suarez expresses a preference for monarchy,
this whole matter turns upon human counsel and human choice."7^ Mon
archy, aristocracy, and democracy, or some mixed form of two or all three
of them, are conceivable.
Finally, the quasi-contractual nature of the transfer of power
from the community to the public authority is made clear in the conclud
ing phrases of the citation; Suarez apparently leaves.open the possibil
ity that the community may expressly reserve powers and rights unto it
self. Labrousse thus interprets the transfer of power as an operation -
in two stages, original with Suarez: the creation of the Corpus mvsti-
cum polit?cum is a form of social contract; it is followed by a pact of
subjection, the act of free men.?? Mesnard, on the other hand, finds
the concept of "contract" inappropriate for Suarez1 thought, as.the lat
ter leaves little scope to the individual discretion. He writes,
there cannot exist excessive individualism in a conception that
limits the intervention of citizens to a free adhesion through
which they recognize the necessity of political life and decide

88
to found a society following a structure already existing a.
priori. There cannot be anarchy [which Gierke had found la
tent in Suarez1 formula] when moral agents make manifest in a
solemn act a norm inherent in their fundamental nature.78
He therefore proposes the use of Rommen's term 'consensus" ("berein-
kunft") to characterize the transfer.
The power of the public authority to enact and enforce the law
is both absolute and relative. "The civil power is said to be supreme
in its order, when in respect to the ends of the latter and in observa
tion of its limits, it (the civil power) makes the final decisions per
taining to its sphere, that is, for the total community in which its
80
power rests." The civil power is thus supreme in its sphere (the par
ticular community), and in its order (the political). The end of the
political order is the bonum commune; therefore, the civil power is su
preme in all acts tending to achieve the common good, it is limited to
this order, however, and is not supreme in the individual order (vita
monastica). nor in the domestic or economic order (vita domestica), ex
cept insofar as its intervention in these orders tends to promote the
common good.
It is at this point that the relationship of inferior groups to
the state is made explicit. The potestas iurisdictionis of the ruler is,
and must remain, indivisible. To be sure, it may freely be delegated,
"for this is a matter which depends upon the free exercise of the wi 11
But it cannot be shared with lesser communities. "Lesser communities
82
do not have the power to enact their own laws." Sovereignty, the power
to enact laws, is reserved utterly to the state. The group may, at best,
establish conventional statutes, as a matter of custom, for the governance

89
of internal affairs; it, like the family, may be perfect in its order,
and possess a potestas dominativa. Being imperfect in relation to the
Corpus mysticum politicum, it cannot conceivably possess potestas iuris-
dictionis. Further, the assent of the ruler to such customary statutes
is always necessary: it may be given by general proclamation, or, sig-
Qo
nificantly enough, by simple tacit toleration of what has become custom.
Custom, for Suarez, can easily have the force of law: "the pub
lic custom ... of any community that has the capacity of being bound
by its own laws, may establish law, in so far as it rests with the com
munity to do so [i,e.. in so far as it is acting within its sphere and
its order], even though it may not actually have the power of making
laws." H Such customary law is equivalent in force to written law, or
may be translated into written law. It remains in effect unless and un
til it is abrogated by other written law.^
This formulation is closely related to the question of privileges.
Suarez holds that, "for the validity and essence of a law, it is neces
sary only that its subject-matter be advantageous to and suitable for
the common good, at the time and place involved, and with respect to the
88
people and community in question." Thus, although measures affecting'
the welfare of individuals or groups of individuals may have been the
outcome of special dispositions on the part of the civil power, they
must nevertheless be permitted to stand so long as it can be shown that
they redound to the common good. Suarez, however, makes a distinction
between privilege and law: "with respect to these legal precepts it
should also be noted that they never fall under the head of law when
they relate merely to this or that individual, but do come under that

90
head In so far as they deal with [all] persons of a certain condition
(such as wards, soldiers, etc.), or with [all] persons of a certain ori
gin (for example, nobles), or with [all] the successors of a given fam
ily; and In this sense they look to the common good, because of a common
participation (so to speak) in their universal effects. . ."7
Suarez thus places society's imperfect groupings firmly under the
tutelage of the ruler, Insofar as they are elements of the political sys
tem. Their "order" (in the Weberian sense) may come from below, but it
requires the ruler's assent; Its continued existenceformally, at least--
is at his pleasure. The customary law, however, quickly makes of them
intereses creados, and they are not easily to be dismantled. For, as
the rationale of privilege (which, in the case of groups, is law) is its
utility in the furtherance of the common good, the ruler can only abro
gate privilege by demonstrating, by means of a written law, the negative
proposition: that the common good is no longer served. This is, and is
meant to be, immensely difficult.
The relationship of the ruler to the state as a whole is not
easily defined. In one sense, the question seems irrelevant, for the
public authority is an office or organ, and as such, "the prince . .,
is part of the republic." In this, Suarez is following a strong Span-
89
ish tradition. However, Mesnard points out the significance of the
following:
once the power has been transferred to the kind, he is through
that power rendered superior even to the kingdom which bestowed
it; since by this bestowal the kingdom has subjected itself and
has deprived itself of its former liberty. . Moreover, . .
the king cannot be deprived of this power, since he has acquired
a true ownership of it; unless perchance he lapses into tyranny,
op which ground the people may wage a just war against him. . .yu

91
That the king should be at the same time an integral part of the Corpus
mvsticum politicum and superior to it, is, if not a simple inconsistency,
another of the formulas generating a logical tension within Suarez1
system.
The three major points at which limits are placed upon the sov
ereign power have been indicated: the restraints imposed by the require
ment that the public authority be supreme only in its own order, the re-
traints imposed by the relative immutability of privilege and custom,
and the right reserved to the people to depose the authority that acts
tyrannically. Suarez, as was customary, distinguishes between the ty
rant without just title, the usurper, and he who, although holding power
with just title, "nevertheless rules tyrannically in so far as concerns
his use of governmental power. For, to be specific, he either turns all
things to his private advantage, or else unjustly oppresses his subjects
by plunder, slaughter, corruption, or the unjust perpetration of other
similar deeds, with public effect and on numerous occasions.In nei
ther case, however, is the right of resistance stated unequivocally. In
the fulfillment of a series of conditions, the usurper may be deposed or
92
killed on private authorityif no other recourse is available. The
"grave" question of the deposition of a 1egitimate public authority who
rules tyrannically is even more difficult.
But for the present we shall assume, briefly, that this power
to depose a king may reside either in the state itself or in
the Pope, although differently in the two cases. For it resides
in the state solely by way of a defense necessary to the preser
vation thereof. ... If, then, a lawful king is ruling in ty
rannical fashion, and if the state finds at hand no other means
of self-defense than the expulsion and deposition of the king,
the said state, acting as a whole, and in accordance with the
public and general deliberations of its communities and leading
men, may depose him.93

I
32
The right of resistance, that is, can be invoked only in extremis. and
in a manner which, in practical terms, renders such resistance impossible
Suarez1 theory of the state is characterized, as was said before,
by a set of logical tensions orbetter formulatedby antinomies only
partially resolved. In the end, as Labrousse says, rationalism triumphs
over voluntarism, for "it is of the nature of God that his will remains
always in conformity to the dictamen of the reason that precedes it and
surpasses it. Nevertheless, the impulse in Suarez toward volun
tarism has been strong. Further, although the ruler is a functional mem
ber of the state, yet he is superior to it. The state, in turn, is a
fictive person, in accord with all Scholastic precedent; yet as a moral
entity it is in important ways apart from its constituent members. It
would seem that Suarez, for all his commitment to an earlier Scholasti
cism, could not but reflect the onrushing change in the political world
of Europe.
But at the same time Suarez has endowed his theoretical state
with a remarkable stability, a capacity to resist change. On the part
of the people, their privileges and institutions have been shielded by
the authority conceded to custom and the common law. On the part of the
ruler, power is irrevocably his until and unless he should lapse into
tyranny. Tyranny, moreover, is narrowly defined: the very existence of
the state must be imperiled before the right of resistance can be invoked
And in such case, only the whole people, acting collectively, can exer
cise resistance (this thesis, of course, is also central to one of Lope
de Vega's most enduring dramas, Fuente Ovejuna). Thus legitimacy and

N
93
status quo may be altered, but only in the gravest of circumstances and
with the greatest formality of procedure.
Although Suarez does not treat in close detail of the organiza-'
tional form of the state, he leaves no doubt as to the political and so
cial roles of its constituent groups: politically, they are subordinate
and subject to a degree of supervision; socially, they are justified by
the function they fulfill in pursuance of the common end and as such they
may make use of the devices necessary to ensure their permanence in time.
In the next chapter, it will be shown how juridical norms took account
of these general postulates.

94
NOTES
^Charles Gibson, "Colonial Institutions and Contemporary Latin
America: Social and Cultural Life," Hispanic American Historical Review,
LX1I1, No. 3 (August, 1963). 382. See also the companion article by
Woodrow Borah, "Colonial Institutions and Contemporary Latin America!
Political and Economic Life," ioc. cit.. 371"379.
2A1ain Guy, Les philosophies espagnoles d'hier et d'auiourd1 hui
(2vols.; Toulouse: Privat, 1956), II, 14-22.
3a major exception to this generalization is, of course, Lewis
Hanke's The Spanish Struggle for Justice in the Conquest of America
(Philadelphia: University of Pennsylvania Press, 1949), and other edi
tions. Other Latin Americanists of note who have dealt with this corpus
of thought are Zavala, Gngora, and Parry. A glance at the bibliography,
however, will reveal the predominance of Spanish, German, French, and
Italian authors.
^Marcial Solana, Historia de la filosofa espaola: poca del
renacimiento (3 vols.; Madrid: Aldus, S. A., 1940), 111, 83-85. Also
Alois Dempf, Christliche Staatsphilosophie in Spanen (Salzburg: Verlag
Anton Pustet, 1937), 22.
^Maurice de Wulf, Scholasticism Old and New: an Introduction
to Scholastic Philosophy, Medieval and Modern (translated by P. Coffey;
London: Longmans, Green S- Co., 1907), 146. The Spanish school will be
referred to as the Late-Scholastic so as to avoid confusion with modern
neo-Schol ast i ci sm.
^Roger Labrousse, Essai sur la phiiosophie politique de 1ancienne
Espagne: politique de la Raison et politique de la fol (Paris: Librairie
du Recuei1 Si rey, 1938), 3.
7James Brown Scott, The Spanish Conception of International Law
and Sanctions (Washington: Carnegie Endowment for International Peace,
1934).
p
Otto von Gierke, The Development of Political Theory, translation
by Bernard Freyd of Johannes Althusius und die Entwicklung der naturrecht-
lichen Staatstheorien (New York: Norton, 1939), 163.
^Ernst Reibstein, Johannes Althusius als Fortsetzer der Schule
von Salamanca (Karlsruhe: Verlag C. F. Muller, 1955).
*Guy, op. cit.. II, 95.

/
95
Luis Recasens Si ches, La filosofa del derecho de Francisco
Surez (Madrid: V. Surez, 1927). Ibid., segunda edicin corregida y
aumentada (Mexico: Editorial Jus, 1947).
'^Manuel Gimnez Fernndez, "Las doctrinas populistas en la in
dependencia de Hispanoamrica," Anuario de Estudios Americanos. Ill
(1946), 521.
^Carlos Alberto Pueyrredon, Mil ochocientos y diez: la Revolu
cin de Mayo segn amplia documentacin (Buenos Aires: Peuser, 1933).
^Guillermo Frlong Crdiff, S. J., Nacimiento y desarrollo de
la filosofa en el Ro de la Plata, 1536-1810 (Publicaciones de la Funda
cin Vitoria y Surez; Buenos Aires: Editorial Guillermo Kraft, ltda.,
1952).
^Antonio Gomez Robledo, El origen del poder publico segn Fran
cisco Surez (Mexico: 1948).
'^Alfonso Garca Gallo, "El derecho indiano y la independencia
de America," Revista de Estudios Polticos, XL, no. 60 (November-December
1951), 157-180.
^Congreso Hispanoamericano de Historia (1st, Madrid, 1949),
Causas v caracteres de la independencia hispanoamericana (Madrid: Edi
ciones Cultura Hispnica, 1953).
lO y
loCarlos Otto Stoetzer, "La influencia del pensamiento poltico
europeo en la America espaola: el escolasticismo y el perodo de la
Ilustracin," Revista de Estudios Polticos. No. 123 (May-June, 1962),
257-266.
19Charles C. Griffin, "The Enlightenment and Latin American In
dependence," in Arthur P. Whitaker, ed., Latin America and the Enlighten
ment (2d. ed.; Ithaca, N. Y.: Great Seal Books, 1961), 124.
20lbid.. 125.
2^0p. cit.. 215.
22Cf_. Jose M. Gallegos Rocafull, El pensamiento mexicano en los
siglos XVI y XVII ("Ediciones del IV Centenario de la Universidad de
Mxico," No. 7; Mexico: Centro de Estudios Filosficos, 1951), passim.
^Francisco Suarez, J. J., Selections from Three Works (De Legi-
bus, ac Deo Leg i si atore [1612], Defensio Fidei Catholicae, et Aposto!i cae
adversus Anglicanae Sectae Errores [1613], DeTriplici Virtute Theologica.

96
Fide. Spfe, et Charitate [1621], ed. James Brown Scott ("Carnegie Endow
ment for International Peace, Division of International Law, Classics of
International Law, No. 20; Washington: Carnegie Institution, 1944). The
Latin text is supplied, with English translation. In the following cita
tions, the Latin text will be supplied in the footnote when reference is
made to a work other than this. Roman numerals refer to book and chap
ter; Arabic to paragraphs.
2U
Heinrich Rommen, Die Staatslehre des Franz Suarez. S. J.
(Munchen-G 1 adbach: Volksverei ns-Verlag, 1926), TT- Also George H.
Sabine, A History of Political Theory (rev. ed.; New York: Holt, 1950),
38991.
23Ewart Lewis, "Organic Tendencies in Medieval Political Thought,"
American Political Science Review. XXXI1, No. 5 (October, 1938), 864-65.
26lbid., 849-50.
27cf. Gierke's "The Nature of Human Associations" and "The Basic
Concepts of State Law and the most recent State-Law Theories," both re
printed as appendices to John D. Lewis, The Genossenschaft-Theory of Otto
von Gierke: A Study in Political Thought ("University of Wisconsin Stud
ies in the Social Sciences and History," No. 25; Madison: University of
Wisconsin Press, 1935), 145, 169.
2Rommen, op. cit.. 23-4.
2^Cited by Rommen, loc. cit. "In civilibus omnes homines, qui
sunt unius communitatis, reputantur quasi unum corpus, et tota communitas
quasi unus homo."
30john Morral 1, Political Thought in Medieval Times (London:
Hutchinson, 1958), 43-44.
31E. Lewi s. op. cit.. 876.
32Loc. cit.
33Mau rice de Wulf, Philosophy and Civilization in the Middle Ages
(New York: Dover Publications, Inc., 1922), 195, 219-240.
34lbid.. 230.
33E. Lewis, op. cit.. 863.
36lbid.. 856.

97
^Luis Snchez Agesta, "Los orfgenes de la teora del Estado en
el pensamiento espaol del siglo XVI," Revista de Estudios Polticos,
LX11, No. 98 (March-Apri1, 1958), 90-91. Also F. Murillo Ferrol, "Soci
edad y polftica en el 'Corpus Mysticum Politicum' de Surez," Estudios de
Historia Social de Espaa (instituto "Balmes" de Sociologfa, Madrid),11
(1952), 101-103.
30
3 Labrousse, op. cit.. 1922.
39juan Beneyto, Historia de las doctrinas polticas (2a edicin
revisada; Madrid: Aguilar, 1950), 274.
40Sanchez Agesta, op. cit.. 96-97.
4^Pef. Fid.. Ill, I, 5, cited by Murillo Ferrol, op. cit.. 104.
"Potesque idem declaran naturali exemplo corporis humani quod sine capite
conservari non potest. Est enim humana respublica ad modum uni us corporis,
quod sine vari is ministris, et ordini'bus personarum, quae sint instare
plurium membrorum, subsistere non potest." £f. De Leg.. III. I, 5.
4^De Leg.. Ill, XXXI, 7 cited by Pierre Mesnard, El desarrollo
de la filosoffa polTtica en el siglo XVI [no trans.] (Rfo Piedras, P. R.:
Ediciones de la Universidad de Puerto Rico, 1956), 607. "Ita ¡n corpore
politico membra constitu per moralem cumjunctionem, quae non est ejusdem
rationis in omnibus communitatibus, sed cum proportione sumenda est,
constitu solent membra per naturalem originem."
^Jos Antonio Maraval1, La philosophie politique espagnole au
XVIIme siScle dans ses rapports avec 1'esprit de la contre-reforme.
translated by L. Cazes and P. Mesnard (Paris: Librairie Philosophique
J. Vrin, 1955), 90.
441 bid.. 91-92.
45De Leo.. Ill, I, 3.
46Ibid.. I, III, 19.
4?Cf. Jean Touchard, Histoire des idees poli tiques (2 vols.;
Presses Uni vers i tai res de France, 1959), I, 299-302.
^Mesnard, op. cit.. 589.
49Pe Leo.. I, III, 9, 14, 17-18.
5Q|bid.. 111,1,4.
Paris:

98
5*Loe, cit.
52lbid.. 111,11,4.
53Lqc. cit. Cf. also ibid.. 1, VI, 22.
5Sbid., Ill, 1, 5.
55J_bJ_d., I, VI, 4.
^1 bid.. Ill, XI, 7 cited by Solana, op. cit.. Ill, 504. "Ejus
finem esse felicitatem naturalem communitatls humanae perfectae, cujus
curam gerit, et singularum hominum, ut sunt membra talis communitatis, ut
In ea, scilicet in pace et justitia vivant, et cum sufficients bonorum,
quae ad vitae corporal is conservationem et commoditatem spectant, et cum
ea probitate morum, quae ad hanc externam pacem at felicitatem reipubr
licae, et convenientem humanae naturae conservationem necessaria est."
57Pe Leg.. I, VII, 7.
^^1bid.. 1, X, 14, cited by Mesnard, op. cit.. 588. "Communitas
autem perpetua est et semper eadem, licet successive membra ejus varientur
vel augeantur.11
"ibid.. Ill, IV, 4.
60Cf. also De Leg.. 11 I, I 1, 4.
^John Neville Figgis, Political Thought from Gerson to Grotius.
1414-162^ (New York: Harper & Bros., I960), 190-217.
^^Murillo Ferrol, op. cit., 98-101, 110, gives a lucid exposi
tion. This strict separation of Church and State was general among the
Spanish theorists, with the sole exception of Mariana. Mesnard notes
ironically that modern liberals have erred egregiously in "converting
into a predecessor of modern democracy the only important political the
orist who upheld the principle of clerical absolutism." Op. cit.. 529.
63pe Leg., II, I, 1.
64l-bid.. 111,11,4.
k5j_bj_d., ill, l, 4. See also above, fn 40.

99
87Loc. c¡t.
68lbid..
IN,
II,
691bid..
111,
111
70ib¡d..
HI,
11 1
711bid.,
111,
111
^ 2 Ibid..
HI,
IV,
73lbld..
III,
IV,
74lbid.,
111,
IV,
75lbid..
III,
IV,
76lbid.,
III,
IV,
77Labrousse,
i
45-46.
78Mesnard, op. cit.. 590.
^Rommen, op. cit.. 114. Erroneously printed in Mesnard as
Ubereinkraft
8^Def. Fid.. Ill, VI, 2, cited by Mesnard, op. cit.. 600.
"Civilis potestas dicitur in suo ordine suprema quando in eodem et re-
spectu sui finis ad illam fit ultima resolutio in sua sphaera, seu in
tota communitate, quae illi subest.11
81De Leg.. Ill, IV, 12.
82lbid.. Ill, IX, 17, cited by Mesnard, op. cit.. 607. Minores
civitates non habere potestatem ferendi proprias leges."
830tto von Gierke, Natural Law and the Theory of Society. 1500
to 1800. with a Lecture on Natural Law and Humanity by Ernst Troeltsch.
translation by Ernest Barker of five subsections of Ds deutsche Genos-
enschaftsrecht (Boston: Beacon Press, 1957), 272-274.
84Pe Leg.. Vil, IV, 10.

100
86lbid.. 1, VI1, 9.
87lbid., I, Vil, 10.
oo
Ibid.. Ill, XXXV,- 6, 8, cited by Rommen, op. cit., 104-105.
"Princeps autem pars est reipublicae . dicendum ergo censeo principem
obiigari ad servandam legem suam proxime ab ipsamet lege et ex virtute
et efficacia eius."
89Sanchez Agesta, op. cit.. 98. This is notable in Azpilcueta
and especially Soto: "Princeps non est extra republican^ sed membrum
eius, puta, caput" (De iustitia et jure. 1, VI, 7).
Leq.. 11
II,
IV, 6
91Def. Fid..
vi,
IV,
92lbid., VI,
IV,
7-13
93|bid.. VI.
iv,
15.
9S.abrousse, op. cit.. 27

CHAPTER IV
SOME NOTES ON THE LAW OF ASSOCIATIONS IN SPAIN
AND THE COLONY
The historians of Latin America have long been skeptical of the
validity of the juridical -approach, and with considerable reason. Espe
cially in investigations in economic history, but also in studies of the
development of Indian policy or of the effectiveness of censorship or of
the alienation of the land, the letter of Spanish layv frequently offers
little more than clues to the most vigorous types of illicit behavior be
ing carried at a particular time. This fact, together with the general
unfamiliarity of United States scholars with the Spanish variant of the
Roman Law, has resulted in a scarcity of serious, studies, in English, of
Spanish or Colonial juridical theory and practice. It might be submitted,
however, thatas Hanke and some others have seenthe failure of pos iti ve
law to check abuses in the areas noted above in no way invalidates the
general legal theory upon which such positive law was based, nor does it
lessen the possibility of working through legal theory to a closer under
standing of the intellectual and institutional history of the period under
consideration.
In particular, an examination of the role of associations in the
Spanish legal traditionthe norms governing their creation and activity
offers yet another approach to the backgrounds of modern Spanish Ameri
can institutionalized functional groups. It is, of course, an approach to
101

102
be employed with the utmost circumspection. On the one hand, as Luis
Recasns Si ches writes,
it occurs that, in many cases, the "juridical" comes to con
stitute something like a maximalization of the "social," some
thing like the superlative degree of the "social," in fine,
the "social" carried to its extreme limits and to the stark
rigidity of its outlines. . This is precisely what occurs
with the theme of [juridical] personality: it is easier to
understand what constitutes personality in social, non-
juridical life if first we have perceived what constitutes
personality before the law.*
But the author also takes pains to caution against uncritical application
of the concept:
with respect to the collective juridical person, that which
functions as such in law is not the concrete arid total reality
of the collective entity, but rather a subject [in the techni
cal, legal, sense] constructed juridically; in fine, a juridi
cal categoryand beyond that, a generic categorythat rational
ordering projects over determined types of social situations.2
To be a person before the law, writes Recasns, means in general
Q
"to be the subject of rights and of juridical duties."- Persons before
the law can be of two classes: individuals, and collective persons
(corporations, associations, charitable organizations, etc.). The latter
may also be denominated, in the Hispanic practice, "moral persons" or "so
cial persons." The range of collectivities to be conceded juridical per
sonality is a function of positive law, but in general the family (pos-
I
sessing its own order, the patria potestas) and such informal groups as
sport clubs and salons do not receive this type of recognition.^ As the
author notes, the debate over the question, is such.personality created
by the law, or does the law merely take cognizance of a pre-existing re
ality, has continued over the centuries, with the supporters of the latter
view always in the minority. As will be shown (and as might already be

103
inferred from the discussion in the previous chapter), the Spanish legal
tradition has long favored the supremacy of the lawand of the lawmaker.
As an investigational approach, however, the concept of juridical
personality can easily become confused unless the type of problem under
study is kept firmly in mind--or, put another way, unless the right ques
tions are asked. Recasens has schematized these approaches very lucidly.
In the first place it must be asked, what is the juridical content of the
concept; what is meant when it is said that an individual or a collecti
vity is a juridical person? This is a problem bound up with the general
theory of law. Secondly, which are the entities to be granted this per
sonality? This is a problem of positive law, to be determined for the
specific political and legal culture under study. Third, what are the
essences and attributes of these entities? Properly speaking, this is
the subject matter of sociology. And finally it may be asked, to which
collectivities should juridical personality be conceded? On this point
have turned many debates in public policythe extension of such recogni
tion to slaves as individuals, for example, or to labor unions as collec
tivities. The doctrines put forth in support of one position or another
are, of course, the substance of political theory or ideology.-
Such investigational categories, it is clear, would be equally
applicable to United States phenomena as to Spanish American, and, in
fact, under the first heading, general legal theory, many of the concepts
and even much of the language would be found to be analogous. As Sherman
points out, the reason is obvious:
the jurisprudence of every modern civilized state contains the
fundamental principles of the Roman law of private corporations.
Their familiarity is but proof positive of their survival since

104
Justinian to the present time. Every system of modern corpora
tion law is indeed modern Roman law. Really, all that modern
law has done is to enlarge the superstructure and add to the
details of corporation law.7
However, if modern Anglo-Saxon and modern Spanish-American corporation
law may be said to have originated in a common sourceto be more precise
the work of the Glossators of Bologna and the post-Glossators of Perugia,
g
Pavia, and Padua, from the eleventh through the fourteenth centuries
the sociology of corporations (using the term in its generic sense) in
)
the two areas has resulted in vastly different social morphologies. As
was pointed out a length in the first two chapters of this study, the
Spanish-American group is far more likely to exhibit the characteristics
of "inclusiveness" than the North American, and its members.less likely
to be subjected to cross-cutting solidarities; the relationship of the
group to the formal apparatus of government is more overt, and the posses
sion and maintenance of the basic statute of much greater import to the
membership. On the other hand, the "habit of voluntary association," as
de Grazia puts it, seems to be rather more feeble. While it must be as
sumed that there are no final answers to the question why?. but Qnly a
nexus of probable causal factors, it is nevertheless instructive to re
view the development of the Spanish law of associations,' and its trans
mission to the New World.
Although much pre-Justinian Roman law had been preserved in Spain
in the so-called Breviary of Alaric of the sixth century and the more
durable Fuero Juzgo of the seventh,^ it is apparent that the revival of
Roman law at Bologna had an immediate and sharp impact on the development
of Spanish jurisprudence. Sohm quotes Savigny as holding that the

105
commentaries of Bartolus actually enjoyed statutory authority in Spain
and Portugal.^ |t has been determined, also, that a number of the
Bolognese professors, especially among the canonists, were of Spanish
origin.'^ The influence of this newer Roman law is particularly notable
in the Siete Partidas of Alfonso X, compiled by 1265 but not promulgated
until the Ordenamiento de Alcala of 13^+8; the titles concerning con
tract, succession, and the family follow closely the work of the Glossa
tors, while the first parti da is a digest of the.Canon law pertaining to
rights and immunities of ecclesiastics, jurisdiction of ecclesiastical
courts, etc.'3 The Siete Partidas pertained, of course, only to Castile,
and even there could not, by the terms of the Ordenamiento de Alcala, su
persede local fueros.^ Further attempts, not altogether successful, were
made to fuse the Roman law with local customary law in the Ordenanzas
reales de Casti1 la (also known after their compiler as the Ordenamiento
del Doctor Montalvo) of ca. 1484, and in the Leves de Toro promulgated by
the Cortes of Toledo in 1505-^ Under Philip II, the Nueva Recopilacin
was published in 1567; subsequent revisions appeared in 1581, 1592, 1598,
1640, 1723, 1745, 1772, 1775, and 1777. After the major revision of 1805
it was known as the NovTsima Recopilacin; not until 1889, however, could
16
a unified Civil Code for all of Spain be agreed upon.
The Roman law of corporations as elaborated by the Glossators and
post-Glossators and transmitted to medieval Spain was one that had been
developed to deal with public interests:
by means of the conception of a juristic person, property der-
signed for general public objects was effectively and per
manently secured for such objects, the method being to vest
the title to the property in an ideal person in whose name
alone it could validly be dealt with. Should the law allow

106
the same method to be applied for the purpose of permanently
appropriating property to a particular object in the interests
of private persons? . Roman law adhered consistently to
the rule that to sustain a juristic personality is the privi
lege of public corporations and institutions.1'
The Glossators were not able, in fact, to achieve the distinction between
public and private rights that might have led to a coherent concept of
the private corporation, i.e,, one designed to carry out the will of a
1 ft
private person over time. Further, they subsumed the churches and ec
clesiastical institutions under the Roman concept of corporation; this
had the important consequence, as Gierke notes, that the canon lawyers,
in turn, could adapt the Roman law concept to Church doctrines.^
In this enlarged sphere of public competence, most corporations
were thus made immediately subject to the public authority.
To establish a corporate group, the glossators posit above all
the requirement of recognition by the state. They even venture
a supposition that no association is allowed for which there is
not a specific proof of approval by the state. The glossators
never expound the distinction between a public law permission
or a permission issued by the police, on the one hand, and the
granting of a legal subjectivity, on the other hand. By govern
mental approval, a society becomes collegiurn 1iciturn and obtains
corporate rights, whereas a society without an approval, and
thus as a col leg? urn 111iciturn, not only is punishable but is.
devoid of the legal capacity to have rights and duties.' Col -
1 egia licita without legal subjectivity are as unknown to the
glossators as are collegia i Ilcita with legal subjectivity.
That is, the receipt of juridical personality (legal subjectivity") is a
function of the receipt of the approval of the magistrate. Corporations,
however, which have not received such approval do not possess juridical
personality, and are, moreover, illicit organizations. There is no par
ticular requirement, however, that each society must be licensed,
individually;

107
rather the permission of entire categories of corporations by
a general rule of law. Such a rule they find expressed in the
common written law favoring all types of corporations mentioned
by the Corpus juris ... as collegia licita. Therefore, they
ascribe the corporate right to all churches and church institu
tions; to all local communities, including rural ones . ;
to the town councils; to the artisans' guilds explicitly men
tioned in the sources; etc. But the glossators do not hesitate
to expand these categories whenever they feel a special need
for it. Thus, for example, they declare as collegia approved
by law . .all fellowships of business men and artisans. On
the same level with these fellowships, they put the collectivity
of university teachers. . [However], no matter how broadly
or how narrowly the categories of the corporations recognized by
common law are conceived, one can still think of situations in
which a corporately constituted group could not be subsumed under
these categories. In such cases, the necessary approval was
found in a special "privi 1 egiurn principis." . The glossators
do not divide corporations according to whether their coming
into existence was indispensable or whether they were voluntarily
created, nor do they distinguish conceptually between purely
personal corporations and those determined territorially or by
material circumstances.^
In addition, the Glossators' concept of corporations embodied a
number of other characteristics first developed by the Roman jurists and
still in force in the twentieth century. Among these were: at least
three persons were required for the foundation of a corporation; the
corporation was of the same capacity as an individual to acquire, possess
and alienate property, and to form obligations; it could also acquire
. 22
property through testamentary succession.
The distinction between collegia licita and col 1egia i 11ic?ta.
and the dependence of the former on the magistratethese provisions are
clearly traceable back to the Augustan lex Julia de collegiis^were
translated into Spanish statutory law beginning with the order of Don
Juan of Castile in Guadalajara entitled "Prohibition of association
[ayuntamientos], leagues, and confederations among Councils, noblemen,
or other persons" (1390):

108
We have learned that some persons are making among themselves
associations and leagues, sealed by an oath ... or by other
binding means, against other persons. ... As we know by ex
perience, that these leagues and associations are not made in
many cases with good intent, and that from them follow scandals,
discord, and enmity, and the impediment of the execution of our
justice ... we order that it not be permitted 1nfantes, Dukes,
Counts, Maestros. Priors, Marquises, Magnates, Caballeros and
Escuderos of our cities, towns, and places, and councils and
other communities, and individual persons of whatever estate or
condition ... to form associations or leagues with the swear
ing of an oath, nor receiving the Host, nor by a pledge of
faith, nor by other bonds . [transgressors] will have our
ire and we shall, moreover, proceed against them. ...
This law, in its original form, remained in effect until the nineteenth
century, having been promulgated as Law 1, Title XIV, Book VIII, of the
Nueva RecopilaciSn and as Law 1, Title XII, Book XII, of the Novfsima.^
It was supplemented, in time, by other similar prescriptions designed,
apparently, to cover all possible cases. Thus, in 1392 the foregoing was
strengthened by an order declaring null and dissolved all those associa
tions, leagues, and groups bound by oath (juramentos v plevtos homenages")
already in existence, because the prohibition of said associations and
leagues is in the service of God and in ours. . ,2^
In 1462 Don Enrique IV extended the ban to Prelates and ecclesi
astical persons participating in parties, factions, leagues, and combines
[bandos, parcialidades. ligas, v monipodios]:11
we order that bishops and abbots and all other ecclesiastical
persons not be permitted henceforth to outrage the cities and
towns and places of our Kingdoms, nor may they show themselves
to be of party or faction, nor to make leagues nor
combines. .
At the same time it was observedand the ordinance was reconfirmed by
Charles l in Madrid in 1534that on occasion illicit leagues and jura
mentos had disguised their activities by hypocritically adopting a patron
saint, a reprehensible state of affairs:
I

109
wherefore desiring to remedy and provide for the matter, we
revoke any and all cofradias and cabi1 dos erected in any city,
town, or place of our Kingdoms since the year [14]64, excepting
those erected solely for pious and spiritual causes and having
previously been granted our license and the permission of the
[responsible] Prelate. . Moreover ... we order that in
those cofradias erected before [14]64 . there shall be no
meeting . until they are expressly dissolved and revoked
publicly before the Scribe ... on pain of death.^
As might be imagined, Charles 1 legislated actively on the matter
of associations: by Royal Pragmatic of May 25, 1552, it was decreed that
because it is necessary [convi ene] that the artisans of these
kingdoms make good use of their skills, and that there should
be overseers of them, we order, that the Just? ci a and Regi dores
of each city, town, or place, shall see the ordinances governing
the use and exercise of such trades, and shall converse with ex
pert persons, and shall do what is necessary for the exercise of
said trades; and within sixty days shall send them [the ordi
nances] to our Council so that they may be seen in it, and what
is necessary shall be provided . and that each year the
Justicia and Regidores shall name skillful and trustworthy ob
servers [veedores] for the said trades, and that the Justicia
shall execute the penalties contained [in the ordinances].zo
At the same time, it was ordered that the cofradias attached to the trade
guilds were to be dissolved, and were henceforth prohibited from recon
stituting themselves without royal confirmation.^ For Philip II the
problem had economic consequences:
it occurs that in order to defraud our Rentas, many persons
are concerting among themselves to erect leagues and monopolies,
and are not selling or contracting for the things that are of
their trade [so as to avoid the royal impost] . this is a
thing of very bad example and very damaging to our Rentas,
wherefore we order . that those persons inculpated shall
lose the fifth part of their goods and shall be exiled from the
place where the fraud occurred for the space of one year.3
In the Laws of the Indies, these close regulations of association
are supplemented by one of equal rigor:
We order and dispose that in all our Indies, Islands, and Terra-
firma of the Ocean Sea, in order, to establish Cofradias. Juntas,
Colegios, or Cabi1 dos, of Spaniards, negros,-mulattos or other

110
I
persons of whatever estate or conditioneven for pious and
spiritual things and endssuch foundation must follow upon
our license, and the authorization of the Ecclesiastic Prelate;
and the ordinances and statutes having been made, they shall be
presented in our Royal Council of indies, so that they may be
seen in it, and what is necessary shall be done; and no use may
be made of them until this be done; and should they be confirmed
or approved, no meeting nor Cabi1 do nor Ayuntamiento shall be
held unless are present some of our Royal Ministers named by
the Viceroy, President, or Governor; the Prelate of the House
where the meeting is held shall also be present.^
It is clear, therefore, that while the concept of juridical personality
is nowhere elaborated, no corporation could legally exist, as a collegia
licita, without the approval by the magistrate of its ends and its con
stitution; nor, apparently, was there any indeterminate ground between
licit and illicit corporations. This would not come until after 1813.
The extreme disabilities placed upon association and incorpora
tion are the juridical expression of the similar formulas embedded in the
general Spanish theory of the state, as was elucidated in the previous
chapter. It is therefore important to note that the authority granted by
Suarez and his contemporaries to customary law also received juridical
sanction in the Spanish and Colonial codes. The definition of the nature
and authority of usage, custom, and fuero originated with the authors of
the Siete Parti das in the thirteenth century, and proved amazingly
durable.
Title II of the First Parti da begins:
Nothing shall impede the laws that have the force and power that
we have said, but three things. The first is usage. The second
is custom. The third is fuero. These arise one from the other,
and are of natural law in themselves . thus is born from time,
usage; and from usage, custom; and from custom, fuero.
Law 1: Usage is a thing that arises from those things that man
does and says, and continues uninterruptedly for a long time
without any impediment.

Ill
Law 2: Usage shall be made in such a manner that it is to the
good of the community, not harming it; and must not be made co
vertly, but in such a manner that it is known and respected by
those cognizant of reason and of law.
Law 4: Custom is law or fuero that is unwritten, which has
been used by men for a long time. . There are three types
of custom. The first pertains to some thing, to some place,
or to some certain person. The second, as pertains to persons
or places. The third, to other specific things done by men,
and which they find good, and in which they are firm.
Law 5: [Custom may be erected by] the people as such, that is,
a gathering of the people of all conditions of that ti erra. .
. [Such custom must remain in force for ten to twenty years,
and must receive two favorable judgments from learned men, and
no unfavorable ones.] And we say moreover that the custom that
the people wish to erect, and use, must be of right reason, and
not against the Law of God, nor in opposition to seorial right,
nor against natural law, nolr agaiinst the good of the entire
community of the entire region of the place where it is made;
and it must be made with great counsel.
Law 6: Custom has great force, when it is erected with reason.
. . Moreover we say that custom may interpret law whenever
doubt shall fall on it. [It may also, with the consent of the
king, abrogate law]; but if the custom should be only special
[i.e.. local] the law is abrogated only in that place where
[the custom] is in use.
Law ~J: Fuero is that thing in which are enclosed the two things
we have said, usage and custom, for each of them must enter into
a fuero in order to become firm . for if the fuero is as
should be, and of good usage and good custom, it has such force
as shall turn it into law.
Law 8: The fuero shall be made well and at length, maintaining
in all things reason and right, and equality and justice. And
it should be made with the counsel of good and wise men, and with
the consent of the [feudal] Seor, and with the approbation of
those to whom it will pertain. ... And when it is made in this
manner, it can be conceded and ordered, in all those places con
cerned, that it shall be held: and. in this manner it is thus as
law.32
It should be pointed out, however, that the Laws of the Indies do not
contain these provisions, but a rather more restricted one:
Custom[:] we declare that this is not to be understood as the
result of two or three acts only, but in many continued ones,
i

112
without interruption or [royal] order in the contrary sense.
And in order that the mercedes that we shall make from this as
sumption shall have effect, they are to be founded in fixed
custom, unaltered, without contrary prohibition, and with many
acts of the same sort tending to confirm them.
Nevertheless, should the provisions of the Laws of the Indies prove in
applicable in specific cases, the Partidas were a supplementary source
of authority.-'
It should be reiterated that the formulations relating to both
the law of associations and to the authority of usage, custom, and fuero
are theorems of the general theory of law. Nevertheless, the implications
of the law of associations can be seen in a number of specific historical
situations, most clearly in the firm subordination of municipal and na
tional guilds to the municipal or national authority that was the rule
everywhere in Castile and Leon i n the early modern period.35 |,t should be
noted parenthetically, however, that in the commercial cities of the East,
particularly Barcelona and Valencia, the guilds enjoyed higher prestige
and were permitted to participate, through corporate representation, in
municipal government.3& On the basis of available evjdence, the former
mode seems to have been prevalent in;the New World colonies.
The further history of these doctrines in the modern jurisprudence
of Spanish America remains to be investigated. A certain continuity is
visible. At the moment little more can be said with certainty.

113
NOTES
^Luis Recasns Si ches, Vida humana, sociedad y derecho: funda-
mentacin de la filosoffa del derecho. (3a ed.; Mxico: Editorial Por-
1952)
, 258.
2
Ibid.,
262.
3
Ibid..
258.
4
Ibid..
259.
5
Ibid.,
263-277.
6
Ibid..
259-261.
7Char les P, Sherman, Roman Law in the Modern World (3 vols.;
Boston: The Boston Book Co., 1917), II, 132-133.
¡
O
Rudolph Sohm, The Institutes: a Textbook of the History and
System of Roman Private Law. Translated by J. C. Ledlie. (3d ed.; Ox
ford: The Clarendon Press, 1907), 135-150; 186-203. See also Otto von
Gierke, "The Idea of Corporation" [Translation by Ferdinand Kolegar, from
vol. Ill, 188-238, of Das deutsche Genossenschaftsrechtl. Parsons et al.
op. cit.. 1, 611-626.
^Sherman, op. cit.. 1, 269-271.
'^Sohm, op. cit.. I5O-I5I.
^Sherman, op. cit.. I, 280.
^A11 of the ancient codes of Spain are printed in, Spain (laws,
statutes, etc.), Los cdigos espaoles, concordados y anotados (2a ed.,
12 vols.; Madrid: A. de San Martfn, 1872-73), and in Marcelo Martfnez
Alcubilla, comp., Cdigos antiguos de Espaa: coleccin completa de todos
los cdigos de Espaa desde el Fuero Juzgo hasta la Novfsima Recopilacin
(2 vols.; Madrid: Administracin J. Lopez Camacho, Impresor, 1885-86).
l^Sherman, op. cit.. I, 278.
^^Loc. cit.
15Ibid.'. 279, 282.
I6lbid.. 283-290.

114
^7Sohm, op. cit.. 196.
'^Gierke, op. cit.. 615.
19lbid.. 614.
20lbid.. 617.
Loc. cit.
22Sherman, op. cit.. 11, 127-132
23ibid.. 126.
^Reproduced as Law 1, Title XIV, Book VI1 I, of the Nueva Re-
copi laci6n. and as Law 1, Title X11, Book XI1 of the Novfsima Recopilacin.
23Novsima . . 2, XU, XU.
26lbid.. 3, XII, XI I.
27lbid.. 12, XI1, XII.
28lbid.. 1, XXIII, VIII.
2^Ibid.. 13, XI I, XI I.
3lbid.. 10, XII, XII.
3^Spain (laws, statutes, etc.), Recopilacin de leves de los
reynos de las Indias, mandadas imprimir y publicar por la Magestad
catlica, del rey Don Carlos II, nuestro seor. (2a ed., 4 vols.; Madrid:
A. Balbas, 1756), Law 25, Title IV, Book I.
32lnterestingly enough, they are also cited by Juan M. Rodrigues
jJe San Miguel, Pandectas hi spano-megicanas, o sea cdigo general compren-
sjvo de las leves generales, titiles v vivas de las Siete Partidas, Re-
copilcain Novsima, la de Indias, autos y providencias conocidos por de
jjontemavor y Belea, y cdulas posteriores hasta el ao de 1820; con ex
cusin de las totalmente intiles, de las repetidas y de las expresamente .
derogadas (3 vols.; Mexico: Impreso en la oficina de Mariano Calvan
Rivera, 1839), I, 614-616.
33Recopi1 acin de leyes . de Indias . . 21, II, 11,.
341bid.. 1-2, I, II.

115
^Prxedes Zancada, Derecho corporativo espaol; organizacin del
trabajo (Madrid: J. Ortiz [19291). 46-47.
bid., 45. See also R. Leonhard, Uber Handwerkgilden und
VerbrOderungen in Spanien," Jahrbcher fr Nat ional Bkonomi e und Statistik.
3d Series. XXXVU (1909), 740-42.

CHAPTER V
CONCLUSIONS
The foregoing study has attempted to make manageable an area of
Spanish American socio-political phenomena that has hitherto been unman
ageable: the general question of the group basis of Spanish American so
ciety, and more specifically, the social and political behavior of large,
secondary, occupational groups. It has done so by reviewing the avail
able evidence of such groups, so as to provide a general description and
make clear their significance; and, simultaneously, by bringing to points
of departure four separate methods of ordering data on them. The first,
two methods, the sociological and the political science, might well be
considered as one, for the heuristic device set up in the second chapter
is really a device of political sociology. It must be reiterated that
the classifications and concepts are provisional; they are meant to be
refined.
The last two chapters represent attempts to get at the inwardness
of Spanish American social organization. Given the state of the art,
tt]ey must be considered beginning studies subject to much further elabora
tion. The juridical approach by itself may not prove as rewarding as it
might at first have seemed; perhaps it would prove more useful were it
combined with studies in public administration. But this is an after
thought. What is important is that there remains an appalling amount of
116
work to be done.

117
A final word. There is no intention to assert that Spanish Ameri
can societies are highly group-structuredor highly corporate--to the ex
clusion of other modes of organization. On the contrary, it seems that
these societies exhibit, in jumbled confusion, many disparate organiza
tional forms. Until now, however, a simplistic outlook has tended to em
phasize class and ethnic differences, to the neglect of other, possibly
more promising, means of conceptualizing their structures and processes.
The foregoing study has attempted to rectify this neglect.
r*
\

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Pueyrredon, Carlos Alberto. Mil ochocientos y diez: la Revolucin de
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.University of Texas Press, 1938.
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la America espaola: el escolasticismo y el perodo de la Ilus
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257-266.

141
Whitaker, Arthur P., ed. Latin America and the Enlightenment. 2d ed.
Ithaca, New York: Great Seal Books, 1961.
Zurretti, J. C. "La crisis de filosoffa en el siglo XVI1I y los estudios
conocidos en la Universidad de Cordoba," Estudios [Buenos Aires],
1 (March-April, 1943), 118-137.
Legal Culture of Spain and Spanish America
Buckland, William W., and McNair, Arnold D. Roman Law and Common Law: a
Comparison in Outline. 2d ed. rev. Cambridge: Cambridge Uni
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Cabanellas, Guillermo. Derecho sindical v corporativo. Buenos Aires:
Editorial Atalaya, 1946.
Clagett, Helen H. The Administration of Justice in Latin America. New
York: Oceana Publications, 1952.
Dana Montano, Salvador M. Justicia social y reforma constitucional.
Santa Fe, Argentina:Instituto de Investigaciones Jurfdico-
Polfticas de la Universidad del Litoral, 1948.
Elguera, Eduardo R. "La influencia del Derecho romano en nuestra vida
j u r\ dica,11 Revista de la Facultad de Derecho y Ciencias Sociales
[Buenos Ai rea], Vil (1952), 725-780.
Fairen Guillen, Vfctor. "El Consulado de la Lonja de Valencia y las
Ordenanzas de 1952 (orden de 18 de septiembre)," Revista General
de Derecho, IX (1953), 130-135.
Friedman, W. Legal Theory. 3d ed. London: Stevens'and Sons, ltd.,
1953.
Garcfa Gallo, Alfonso. Historia del Derecho espaol. 2 vols. Madrid:
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Hinojosa, Eduardo, Estudios sobre la historia del Derecho espaol.
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143
Rodrguez De San Miguel, Juan M. Pandectas hispano-megicanas, 6 sea
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1839.
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Zancada, Prxedes. Derecho corporativo espaol; organizacin del trabajo.
Madrid: J. Ortiz [1929].

BIOGRAPHICAL SKETCH
Ronald Charles Newton was born on February 8, 1933, in Newark,
New Jersey. He attended the public schools of Belleville, New Jersey,
and Rutgers University in New Brunswick, New Jersey, where he received
the B.'A. degree, in English, in June, 1955. At Rutgers, Mr. Newton was a
frequent contributor to Antho. the university literary magazine. He was
active also in the Hispanic Society, which, under Professor Jose Vasquez
Amaral, organized and served as host to Conferences on Latin America in
1952 and 1953.
Following military servicemost of which was spent in Headquarters,
U. S. Army, Europe, in Heidelberghe began graduate studies at the Uni
versity of Florida in September, 1958. He received the M.A. degree, in
Inter-American Studies, in January, 1980. In the summer of I960 he served,
as a graduate assistant in the Summer School of the University of San
Carlos, Guatemala. The following summerhaving in the meantime trans
ferred to the Department of Historyhe carried out independent research
in the-archives of Buenos Aires; at the same time he taught evening classes
at the Instituto Cultural Argentino-Norteamericano.
He is a member of the honorary fraternities Phi Kappa Phi and Phi
Alpha Theta, and of the American Historical Association and the Conference
on Latin American History. He has been the recipient.of graduate fellow
ships given by the Graduate School of the University of Florida, and of a
Ful bright Award (declined) to the University of Hamburg. During the past
academic year (1962-1963) he has held an NDEA Language Fellowship.

This dissertation was prepared under the dir
ection ef the candidate's supervisory coamittee and
has been appreved by all aenbers of that coaaittee*
It was subaitted to the Dean of the College ef Arts
and Sciences and to the Graduate Council and was
approved as partial fulfillaent ef the requireaents
for the degree of Doctor of Philosophy*
August 10 1963
Dean, Graduate School
Supervisory Coaaitteei



120
Ballesteros y Beretta, Antonio. Historia de Espaa y su influencia en la
historia uni versal. 9 vols. Barcelona: P. Salvat, 1918-1941.
Beneyto, Juan. "Burocracia y Derecho publico: la conciencia y los medios
del estado en la Espaa moderna," Revista de Estudios Polticos.
No. 95 (September-October, 1957), 15-38.
. Historia social de Espaa y de Hispanoamrica. Madrid:
Aguilar, 1981.
Blasco Tramoyers, Luis. Las instituciones gremiales: su origen y organi
zacin en Espaa. Valencia: E. Lpez, 1889.
Carrande Pujal, Jaime. Historia de la economa Espaola. < 4 vols. Barce
lona: P. Salvat, 1943-1945.
Castro, Amrico. The Structure of Spanish History. Translated by Edmund
L. King. Princeton: Princeton University Press, 1954.
Cepeda Adan, Jos. La monarqua y la nobleza andaluza a comienzos del
estado moderno. Madrid: ed. del autor, 1950-
. La sociedad en la poca de los Reves Catlicos. Madrid: ed.
del autor, 1950.
Davies, R. Trevor. The Golden Century of Spain, 1501-1621. London: Mac
Millan, 1937.
Desdevises du Dlzert, Georges N. "Les institutions de l'Espagne au XVI11e
siecle," Revue hi span i que. LXX (June-August, 1927), 1-554.
. L'Espagne de l'ancien rgime. 3 vols. Paris: 'Socit
Francaise dimprimerie et de librairie, 1897-1904.
Diez y Gutirrez O'Neil, J. Los gremios de la Espaa imperial. Madrid:
V. Suarez, 1941.
_Domfnguez Ortiz, A. La sociedad espaola en el siglo XVI I I Madrid: In
stituto Balmes de Sociologa, 1955.
Espejo, Cristbal. "Enumeracin y atribuciones de algunas Juntas de la
Administracin espaola desde el siglo XVI hasta el ano 1800,"
Revista de la Biblioteca, Archivo y Museo [Ayuntamiento de Madrid]
VIH (1931), 325-362.
Garrido, Fernando. Historia de las asociaciones obreras en Europa, 6 las
clases trabajadoras regeneradas por la asociacin. 2 vols. Barce
lona: [n.p.], 1864.
Hamilton, Earl J. American Treasure and the Price Revolution in Spain,
1501 -1650. Cambridge, Mass.: Harvard University Press, 1934.


45
pertinent literature, using especially materials developed at the Inter
national Congress of Political Science held at Rome in 1958. When, how
ever, he comes to apply this theory to Argentine phenomena, he seems to
have found little basis of choice among the several classification systems:
Following the ideas expressed by other authors, Cavalcanti class
ifies pressure groups in the following categories: (1) industry,
commerce, and agriculture; (2) labor; (3) professionals; (4)
civic; (5) social; (6) religious; (7) recreational; (8) educa
tional and cultural. . Applying this classification to our
country, some pressure groups might be mentioned by way of illus
tration. In the category of industry, commerce, and agriculture,
one would have to include the Argentine Industrial Union, the
Argentine Chamber of Commerce, the Rural Society. In that of
labor, the syndicates and, most important, the General Confed
eration of Labor. In the professional sector, the College of
Lawyers, the Association of Lawyers, the Argentine Engineers1'
Centre, and many other associations. Among social groups, the
Jockey Club, the Armed Forces Circle, the Rotary Club. Among
religious associations, Argentine Catholic Action and the Salva
tion Army. Among the recreational, the sport clubs. And among
the educational and cultural, the Academies of Law, Medicine,
etc. It must be pointed out that some of these entities extend
their action into more than one of the indicated sectors.^5
It is patent that the wrong questions have been asked, for it is
difficult to see how this distributory classificationor any similar one
could lead to a realistic analysis of the Argent ine.political process.
Linares himself* is aware of this when he notes that the activi ties of many
of the identified groups overlap the a priori categories. It is question
able, therefore, whether such a distributive scheme would contribute to
the usefulness of a provisional classification. Alfred de Grazia makes
the point succinctly:
An interest group tends to originate wherever political relevance
affects an aggregate. There can be little theoretical value,
therefore, in the endless enumeration and description of interest
groups divided by subject matter. Probably the key idea implicit
in the common functional classification is that certain functional
categories of society hold great power.


113
NOTES
^Luis Recasns Si ches, Vida humana, sociedad y derecho: funda-
mentacin de la filosoffa del derecho. (3a ed.; Mxico: Editorial Por-
1952)
, 258.
2
Ibid.,
262.
3
Ibid..
258.
4
Ibid..
259.
5
Ibid.,
263-277.
6
Ibid..
259-261.
7Char les P, Sherman, Roman Law in the Modern World (3 vols.;
Boston: The Boston Book Co., 1917), II, 132-133.
¡
O
Rudolph Sohm, The Institutes: a Textbook of the History and
System of Roman Private Law. Translated by J. C. Ledlie. (3d ed.; Ox
ford: The Clarendon Press, 1907), 135-150; 186-203. See also Otto von
Gierke, "The Idea of Corporation" [Translation by Ferdinand Kolegar, from
vol. Ill, 188-238, of Das deutsche Genossenschaftsrechtl. Parsons et al.
op. cit.. 1, 611-626.
^Sherman, op. cit.. 1, 269-271.
'^Sohm, op. cit.. I5O-I5I.
^Sherman, op. cit.. I, 280.
^A11 of the ancient codes of Spain are printed in, Spain (laws,
statutes, etc.), Los cdigos espaoles, concordados y anotados (2a ed.,
12 vols.; Madrid: A. de San Martfn, 1872-73), and in Marcelo Martfnez
Alcubilla, comp., Cdigos antiguos de Espaa: coleccin completa de todos
los cdigos de Espaa desde el Fuero Juzgo hasta la Novfsima Recopilacin
(2 vols.; Madrid: Administracin J. Lopez Camacho, Impresor, 1885-86).
l^Sherman, op. cit.. I, 278.
^^Loc. cit.
15Ibid.'. 279, 282.
I6lbid.. 283-290.


141
Whitaker, Arthur P., ed. Latin America and the Enlightenment. 2d ed.
Ithaca, New York: Great Seal Books, 1961.
Zurretti, J. C. "La crisis de filosoffa en el siglo XVI1I y los estudios
conocidos en la Universidad de Cordoba," Estudios [Buenos Aires],
1 (March-April, 1943), 118-137.
Legal Culture of Spain and Spanish America
Buckland, William W., and McNair, Arnold D. Roman Law and Common Law: a
Comparison in Outline. 2d ed. rev. Cambridge: Cambridge Uni
versity Press, 1952. /
Cabanellas, Guillermo. Derecho sindical v corporativo. Buenos Aires:
Editorial Atalaya, 1946.
Clagett, Helen H. The Administration of Justice in Latin America. New
York: Oceana Publications, 1952.
Dana Montano, Salvador M. Justicia social y reforma constitucional.
Santa Fe, Argentina:Instituto de Investigaciones Jurfdico-
Polfticas de la Universidad del Litoral, 1948.
Elguera, Eduardo R. "La influencia del Derecho romano en nuestra vida
j u r\ dica,11 Revista de la Facultad de Derecho y Ciencias Sociales
[Buenos Ai rea], Vil (1952), 725-780.
Fairen Guillen, Vfctor. "El Consulado de la Lonja de Valencia y las
Ordenanzas de 1952 (orden de 18 de septiembre)," Revista General
de Derecho, IX (1953), 130-135.
Friedman, W. Legal Theory. 3d ed. London: Stevens'and Sons, ltd.,
1953.
Garcfa Gallo, Alfonso. Historia del Derecho espaol. 2 vols. Madrid:
Grfica Administrativa, 1941-1944.
Hinojosa, Eduardo, Estudios sobre la historia del Derecho espaol.
Madrid: Asilo de Hurfanos del Sagrado Corazn de Jesus, 1903.
Hunter, W¡11 i am Alexander. A Systematic and Historical Exposition of
Roman Law in the Order of a Code. London: W. Maxwell and Son,
1876.
Jolowicz, H. F. Historical Introduction to the Study of Roman Law. 2d
ed. Cambridge: Cambridge University Press, 1952.
Kunz, Josef L, Latin American Philosophy of Law in the Twentieth Century.
New York: Inter-American Law Institute, New York University School
of Law, 1950.


85
60
an entity unto itself. Thus the limitations placed upon the exercise
of sovereignty (see below) have the effect of setting up a series of
tensions between ruler and ruled.
The Corpus mvsticum politicum, withal, is the civil polity, in
distinction to the Corpus mvsticum Ecclesiae. the Church. While the
rationale of this position may or may not have been intimately linked
to the embittered religious controversies of his time, Suarez' argu
ments for th separation of the two bodies are logically impeccable. The
two differ with respect to their origins and ends and, most important
here, with respect to their material causes. It cannot be maintained
that the Church was brought into existence by the men who comprise it;
however, the material cause of the Corpus mvsticum politicum is the
i 82
people.
Sovereignty (potestas). defined as the power to make laws coupled
with the existence of individuals subject to that law,¡s created si
multaneously with the Corpus mvsticum politicum. and resides in the au
thors of the latter.
The power in question resides, by the sole force of natural
law, in the whole body of mankind [collectively regarded], .
. This power does exist in men, and it does not exist in
each individual, nor in any specific individual, . there
fore it exists in mankind viewed collectively [so long as they
are not a mere multitude but are organized in political union],^
However, in order that such sovereignty be exercised, a particular organ
encharged with that function must be created: in a perfect community
there must necessarily exist a power to which the government of that com
munity pertains; this principle, indeed, would seem by its very terms to
be a self-evident truth.But Suarez will not accept the opinion of


94
NOTES
^Charles Gibson, "Colonial Institutions and Contemporary Latin
America: Social and Cultural Life," Hispanic American Historical Review,
LX1I1, No. 3 (August, 1963). 382. See also the companion article by
Woodrow Borah, "Colonial Institutions and Contemporary Latin America!
Political and Economic Life," ioc. cit.. 371"379.
2A1ain Guy, Les philosophies espagnoles d'hier et d'auiourd1 hui
(2vols.; Toulouse: Privat, 1956), II, 14-22.
3a major exception to this generalization is, of course, Lewis
Hanke's The Spanish Struggle for Justice in the Conquest of America
(Philadelphia: University of Pennsylvania Press, 1949), and other edi
tions. Other Latin Americanists of note who have dealt with this corpus
of thought are Zavala, Gngora, and Parry. A glance at the bibliography,
however, will reveal the predominance of Spanish, German, French, and
Italian authors.
^Marcial Solana, Historia de la filosofa espaola: poca del
renacimiento (3 vols.; Madrid: Aldus, S. A., 1940), 111, 83-85. Also
Alois Dempf, Christliche Staatsphilosophie in Spanen (Salzburg: Verlag
Anton Pustet, 1937), 22.
^Maurice de Wulf, Scholasticism Old and New: an Introduction
to Scholastic Philosophy, Medieval and Modern (translated by P. Coffey;
London: Longmans, Green S- Co., 1907), 146. The Spanish school will be
referred to as the Late-Scholastic so as to avoid confusion with modern
neo-Schol ast i ci sm.
^Roger Labrousse, Essai sur la phiiosophie politique de 1ancienne
Espagne: politique de la Raison et politique de la fol (Paris: Librairie
du Recuei1 Si rey, 1938), 3.
7James Brown Scott, The Spanish Conception of International Law
and Sanctions (Washington: Carnegie Endowment for International Peace,
1934).
p
Otto von Gierke, The Development of Political Theory, translation
by Bernard Freyd of Johannes Althusius und die Entwicklung der naturrecht-
lichen Staatstheorien (New York: Norton, 1939), 163.
^Ernst Reibstein, Johannes Althusius als Fortsetzer der Schule
von Salamanca (Karlsruhe: Verlag C. F. Muller, 1955).
*Guy, op. cit.. II, 95.


19
denotation, as given by Webster's Collegiate Dictionary, is very sugges
tive: anything composed of heterogeneous material or elements, which in
the process of combination retain their identity ... a rock consisting
of rounded, and waterworn pebbles, etc., embedded in a finer cementing ma
terial; consolidated gravel." Admittedly, the metaphor is not so apt for
present-day Spanish American societies as for eighteenth-century Mexico:
new materials or elements" have been added and show a propensity for dis
placing others; the police power of the state and--whatever weight they
be giventhe doctrines of nationalism" have strengthened the cementing
material and reduced the integrity of some of the components. It can be
contended, nevertheless, that the metaphor conglomerate" has been shown
albeit in a roundabout wayto be at least as serviceable for contemporary
Spanish America as stratified--if not somewhat more so.
Whether one utilizes an heuristic group model in the immediate
present, where it can most easily be constructed, or projects a modified
version into the past as a tool in the examination of problem areasthe
early years of the independence movement offer an obvious field for
inquirythere is certainly no dearth either.of data or of points of de
parture. Spanish commentators, in particular, have long been aware, in-
an intuitive way, of the peculiarities of Hispanic socio-political struc
ture. The political philosopher Jos Ortega y Gasset noted in 1921:
Each corporation of society lives hermetically sealed within
itself. It does not feel the least curiousity toward events
in the domain of the others. . Spain is today not so much
a nation as a series of water-tight compartments.2^
More recently the historian America Castro has written, in a section of
The Structure of Spanish History entitled Castes not Classes," of the


28
NOTES
1 f
Juan Beneyto, Historia social de Espaa y de Hispanoamrica
(Madrid: Aguilar, 1961), 4-5. The major work encompassing this approach
is Jaime Vicns Vives, ed., Historia social y econmica de Espaa y
Amirica (4 vols.; Barcelona: Editorial Teide, 1957-1959). For other im
portant citations see the chapter bibliographies in these two works; also
the bibliographic entries in the present study under: Altamira, Beneyto,
Carrera Pujal, Gonzalez Seara, Hernandez y Sanchez-Barba, Konetzke,
McAlister, Maravall, Mendieta y Nunez, Morse, Orgaz, Perpina Rodriguez,
Scott, and Verlinden.
"Burocracia y derecho publico: la conciencia y los medios del
estado en la Espaa moderna.11 Revista de Estudios Polticos. 95 (September
October, 1957), 15.
^Arthur P. Whitaker, "The Argentine Paradox," Annals of the Amen
can Academy of Political and Social Sciences, 334 (March, 1961), 103-112.
The author of the present study was in Buenos Aires in 1956, and concurs
strongly with Whitaker's conclusions.
4lbid.. 107.
^George Blanksten, "Political Groups in Latin America," American
Political Science Review. LI I (March, 1959), 121.
£
Pitirim Sorokin, "Social Stratification," Theories of Society,
ed. Talcott Parsons et al (2 vols.; Glencoe, 111.: Free Press, 1961), 1,
570.
^Max Weber, "Types of Social Organization," ibid.. 1, 226.
8See especially Juan Beneyto, "La sustitucin de los estamentos
tradicionales en Espaa y en Hispanoamrica," Estudios Americanos. XX.
(July-August, I960), 1-14; same author, "Las estructuras sociales de la'
poltica indiana," Revista de Estudios Polticos. LXV (May-June, 1959),
261-278; Mario Hernndez y Snchez-Barba, "La participacin del estado en
la estructuracin de los grupos humanos en Hispano Amrica durante el
siglo XVI," Revista de Estudios Politicos, LV (November-December, 1955),
193-226; and L. N. McAlister, "Social Structure and Social Change in New
Spain," to appear in Hispanic American Historical Review, XL111 (August,
9john J. Johnson, Political Change in Latin America: The Growth
of the Middle Sectors (Stanford: Stanford University Press, 1958). ~~
^ ^Ti mes (London) Literary Supplement. February 13, 1959, 79.


53
greatly among the several national structures to permit a closer
conceptualization; such a conceptualization would, in any case,
require the consideration, as variables, of those nonassociated so
li dar i t i es--espec¡ al 1 y "class" and "kinship"that have been excluded
from the present inquiry. The most that can be said, following Tru
man, is that the possession of effective or operational political
status will facilitate the group's access to the decision-making
process. In "traditional" structures, this operational political
status will coincide fairly closely to demonstrable socio-economic
status; in revolutionary situations (where low status groups may be
favored), or in situations of accelerated change (where industrial
and entrepeneurial groups may be advantaged over "traditional" ones),
this is less likely to be the case.
Similarly, the organizational form of government i.e., the
peculiarities of structure that render certain branches or depart
ments more susceptible than others to particular varieties of pres
sureis obviously also a factor that must be elucidated for the spe
cific political system under study. Even closer empirical examination
is required to determine "the usefulness of the group' as a source of >
information," the skill and integrity of the group leadership," and
"the informal group life of the political functionaries."
On the other hand, it might be well to utilize Truman's term
strategic" in a more literal sense than he in fact does, and consider
the possible consequences should the group under study "go over to
the opposition," as, in highly politicized Spanish American contexts,
almost any group might conceivably do. Seen in -this light, the armed


127
Konetzke, Richard. "Las ordenanzas de gremios como documentos de historia
social de Hispanoamrica durante la poca colonial," Revista Inter
nacional de Sociologa. No. 18, 1947.
Levene, Ricardo. Investigaciones acerca de la historia econmica del
Virreinato del Plata. 2 vols. La Plata: Casa Editora "Coni,"
1927-1928.
Lohmann Vi llena, Guillermo. Los americanos en las Ordenes Militares
(1929-1900). 2 vols. Madrid: Cultura, 1947.
McAlister, Lyle N. The "Fuero Militar11 in New Spain. Gainesville: Uni
versity of Florida Press, 1957.
. "Social Structure and Social Change in New Spain," Hisoanic
American Historical Review. XL1I, No. 3 (August, 193), 349-370.
Marquez Mi randa, Fernando. Ensayo sobre los artTfices de la platerTa en
el Buenos Aires colonial. Buenos Aires: Imprenta de la Universi
dad, 1933.
Mendoza, Prudencio. Historia de la ganaderil argentina. Buenos Aires:
L. J. Rosso, 1928. m
Miranda,. J. "Notas sobre la introduccin de la Mesta en Nueva Espaa,"
Revista de Historia de America. XVII (Junio', 1944), 1-26.
Negri, Jose A. Historia del notariado argentino. Buenos Ai res: El
Ateneo, 1947.
Ots Capdequf, Jose M. El estado espaol en las Indias. Mxico: El
Colegio de Mxico, 1941.
. Instituciones sociales de la Amrica espaola en el perodo
colonial. La Plata: Imprenta Lpez, 1934.
___ "Interpretacin institucional de la colonizacin espaola en '
Amrica," in Edgar Mclnnis et al.. Ensayos Sobre La Historia del
Nuevo Mundo. ("Pan. Ameri can Institute of Geography and History,
Commission on History, Publication No. 31".) Mexico: Pan Ameri
can Institute, 1951.
Parry, John H. The Sale of Public Offices in the Spanish Indies under the
Hapsburgs. Berkeley: University of California Press, 1953.
Ravignani, Emilio. El cuerpo de plateros en el RTo de la Plata. Buenos
Aires: Peuser, 1928.
Rosenblat, Angel. La poblacin indfgena de Amrica, desde 1492 hasta la
actual idad. Buenos Aires: Institucin cultural espaola, 1945.


46
The present study, as was noted in the Preface, is concerned with Spanish
American groups only to the extent to which they can be shown to be the
loci of effective political power. All the preliminary evidence indicates
that the most promising avenue of investigation is through the general
category that has been denominated "institutionalized functional groups,"
relatively permanent structures characterized by official sanction and by,
in most cases, a broad base of membership. Therefore the type of classi
fication scheme employed above, in which Argentine Catholic Action and the
Salvation Army must fall under the same head because they share the at
tribute of being religious associations," is of very doubtful utility.
It is also instructive, in quite another connection, to juxtapose
two other citations from Linares' work. He writes:
In the Argentine Republic, each day the notion becomes stronger
that, with the failure of the political parties to carry out a
great measure of their essential functions, they are being dis
placed in large part by those powerful groupings that defend
the particular interests of their members. The leaders of di
verse Argentine party groupings have made known repeatedly in
recent times the loss of influence of the political parties,
who have not been able to overcome the intense crisis they were
forced to endure under the dictatorship (still not so distant
in the past); they evidence today their insufficiency to ag
gregate and canalize the influence of the pressure groups.
Every man in the street, in present-day Argentina, knows that
in the institutional dynamics, our parties weigh as little as, .
or less than, the unions, the trade associations, the church,
or the armed forces. . .^7
The awareness of "the man in the street," however, is apparently somewhat
in advance of that of the Argentine Supreme Court; the latter wrote in an
opinion of December 5, 1958:
Aside from individuals and the State, there exists today a
third category of subjects, with or without juridical person
ality, only rarely known in earlier centuries: consortiums,
labor syndicates, professional associations, great corporations,
which almost always accumulate an enormous material or economic


129
Bonilla, F. "Comentarios sobre la estructura de clase en America Latina,"
Ciencias Sociales [Washington], Vil, No. 40 (December, 1956),
263-276.
Call, Tomme Clark. The Mexican Venture; from Political to Industrial Rev
olution in Mexico. New York: Oxford University Press, 1953.
"Changes in Employment Structure in Latin America, 1945-55," Econom?c
Bulletin for Latin America. II, No. 1 (February, 1957), 15-42.
Cline, Howard F. Mexico: Revolution to Evolution. Royal Institute of
International Affairs. London: Oxford University Press, 1962.
Crevenna, Theo., ed. Materiales para el estudio de la clase media en la
America Latina. 6 vols. Washington: Pan American Union, 1950-
1951.
Demichell, Alberto. Los entes autnomos: regimen jurdico de los
servicios pblicos descentralizados. Montevideo: 1924.

Germani, Gino. Estructura social de la Argentina. Buenos Aires: El
Ateneo, 1955.
. Integracin poltica de las masas v el totalitarismo. Buenos
Aires: Colegio Libre de Estudios Superiores, 1956.
Gonzalez Seara, Luis. "La independencia de las profesiones liberales,"
Revista de Estudios Polnicos, LXX, No. 113-114 (September-
December, I960), 147-158.
Hoselitz, Bert F. "Mexican Social Structure and Economic Development,"
Economic Development and Cultural Change. I, No. 3 (October,
1952), 236-240.
Izquierdo Araya, Guillermo. "La clase media en la America del Sur,"
Dinamica Social. II, No. 17 (January, 1952), 21-22. .
Johnson, John J. Political Change in Latin America: The Growth of the
Middle Sectors. Stanford: Stanford University Press, 1958.
Lieuwen, Edwin. Arms and Politics in Latin America. Rev. ed. New York:
Praeger, 1961.
MacDonald, Austin F. Latin American Politics and Government. 2d ed.
New York: Thomas Y. Crowell Co., 1954.
Madariaga, Salvador de. Latin America between the Eagle.and the Bear.
New York: Praeger, 1962.
Mazo, Gabriel del. Estudiantes v gobierno universitario. 2d ed.
corregida y actualizada. Buenos Aires: El Ateneo, 1956.


64
as blocs, the party's three "sectors"Farm, Labor, and Popular.
These sectorswhich compete among themselves for the party's share
of legislative representationare thus enabled to take more or less
precise account of demands formulated from below, to aggregate them,
and to come to viable accomodations, either in informal caucus or
formally in the legislature.^ Of the sectors, the Farm Sector is
1
the least differentiated, being composed of only three groupings: the
National Peasant Confederation, the Peasant Union, and the Mexican

Agronomists Society. The Labor Sector and the Party Sector, however,
each comprise upward of fifteen groupings; in the latter, it should
be noted, are included those persons who have entered the party as
individualsthey amounted to, in 1958, some 75,000, of a total party
4l
membership of more than 6.6 millions. This aggregation of diversos
probably includes a relatively high proportion of military personnel;
the Military Sector, designed to bring the military to formal account
ability in the political arena, did not prove a success and was dis-
I O
solved in 1940. Other major groups remaining outside this institu
tional structure are the Church and the newer managerial, groups; the
latter also have access to the political process however, through the
formal and informal relationships between their institutionalized
(and compulsory) functional groups (the Chambers of Commerce, of
Light and Heavy Industry, Associations of Employers, etc.) and party
and administrative functionaries. "The amaras have friends at
courts . "writes Scott.^
That the political potency of the single inclusive groups
has been reduced by the prol i ferat ion of similar groupsall becoming


82
industrial professions, and above all as principal member, the
supreme power, which produces amity, unity, and obedience in
the body of the state . giving it 1ife as such. Without
the supreme power, the body cannot be said to be alive.^
The apparent fusion of the concepts of family and functional group is
curious. It is frequent in Suarez as well, as will be shown.
To understand the political relationship between groups and the
state in 1ate-Scholastic theory, it is imperative first to consider the
origins and structure of the state itself. In a complete and mutually-
reinforcing system like that of Surez, it is difficult to locate a
point of departure; nevertheless, the following selection offers several
fundamental topics for commentary:
man is a social animal, and cherishes a natural and right de
sire to live in a community. In this connection, we should
recollect the principle already laid down, that human society
is twofold: imperfect, or domestic; and perfect, or political.
Of the divisions, the former is in the highest degree natural
and (so to speak) fundamental, because it arises from the fel
lowship of man and wife, without which the human race could
not be propagated nor preserved. . There arises the first
human community, which is said to be Imperfect from a political
standpoint. The family is perfect in itself, however, for pur
poses of domestic or economic government. But this community
... is not self-sufficing; and therefore from the very nature
of the case, there is a further necessity among human beings
for a political community, consisting of at least a city-state
(ciuitas). and formed by the coalition of a number of families.
For no family can contain within itself all the offices and >
arts necessary for human life, and much less can It suffice
for attaining knowledge of all things needing [to be known].5
In the first place, the bald assertion that man is a social ani
mal" is of far-reaching significance. It indicates that Suarez, follow
ing Aristotle and the earlier Scholastics, accepts that social organiza
tion arises from the Inherent nature of the human being; it is not merely
that man cherishes" (appetere) the desire to live within a community,
it is a thing of necessity (natura sua postulans)he has no choice.


122
Salcedo y Jaramlllo, Basilio de. "Discurso histrico sobre la soberana
que siempre han ejercido en lo temporal los Reyes de Espaa en
las cuatro Ordenes Militares," Boletn de la Real Academia de
Historia [Madrid]. LXX11 (1918), 69-91.
Snchez-Al bornoz, Claudio. Ruina y extincin del municipio romano en
Espaa e instituciones que le reemplazan. Buenos Aires: Facultad
de Filosofa y Letras de la Universidad de Buenos Aires, Instituto
de la Historia de la Cultura Espaola, Medieval y Moderna, 1943.
Sarrailh, Jean. L'Espagne claire de la seconde moiti du XVI11 siecle.
Paris: Presses Universitai res de France, 1954.
Shafer, Robert J. The Economic Societies in the Spanish World. 1763-1821.
Syracuse: Syracuse University Press, 1958.
Smith, Robert Sidney. "Laws and Ordnances of the Guild Court in Spain and
America" in Law Library Journal. XXXIV, No. 2 (May, 1946), 374l,
48.
. The Spanish Guild Merchant: a History of the Consulado, 1250-
1700. Durham, North Carolina: Duke University Press, 1940.
Ua Sarthou, Juan. Las associaciones obreras en Espaa. Madrid: [n.p.],
.1900.
Verlinden, Charles. "L'histoire urbaine dans le peninsula iberique.
Problemes et tentatives de solutions," Revue Beige de Philoloqie
et d'Histoire [Bruxelles], IV (1936), 1142-1166.
Vices Vives, J. Instituciones econmicas, sociales, v polticas de la
poca fernandina. Zaragoza: ed. del autor, 1952.
. "Estructura administrativa estatal en los siglos XVI y XVII,"
Rapports du Xle Congres Internationale des Sciences Historiques,
IV, 1-24.
, ed. Historia social v econmica de Espaa y Amrica. 4 vols.
Barcelona: Editorial Teide, 1957-1959.
The Transmission of Institutions to the New World
Altamira y Crevea, Rafael. "La costumbre jurdica en la colonizacin ,
espaola" (Separata de la Revista de la Escuela Nacional de
Jurisprudencia. No. 31-40), Mxico: ed. del utor, 1949.
. "La decentralisation legislative dans le regime colonial
espagnol (XVIle XVIIIe siecles)," Bulletin'du Comit Interna
tional des Sciences Historiques [Paris], No. 43 (1939), 165-190.


91
That the king should be at the same time an integral part of the Corpus
mvsticum politicum and superior to it, is, if not a simple inconsistency,
another of the formulas generating a logical tension within Suarez1
system.
The three major points at which limits are placed upon the sov
ereign power have been indicated: the restraints imposed by the require
ment that the public authority be supreme only in its own order, the re-
traints imposed by the relative immutability of privilege and custom,
and the right reserved to the people to depose the authority that acts
tyrannically. Suarez, as was customary, distinguishes between the ty
rant without just title, the usurper, and he who, although holding power
with just title, "nevertheless rules tyrannically in so far as concerns
his use of governmental power. For, to be specific, he either turns all
things to his private advantage, or else unjustly oppresses his subjects
by plunder, slaughter, corruption, or the unjust perpetration of other
similar deeds, with public effect and on numerous occasions.In nei
ther case, however, is the right of resistance stated unequivocally. In
the fulfillment of a series of conditions, the usurper may be deposed or
92
killed on private authorityif no other recourse is available. The
"grave" question of the deposition of a 1egitimate public authority who
rules tyrannically is even more difficult.
But for the present we shall assume, briefly, that this power
to depose a king may reside either in the state itself or in
the Pope, although differently in the two cases. For it resides
in the state solely by way of a defense necessary to the preser
vation thereof. ... If, then, a lawful king is ruling in ty
rannical fashion, and if the state finds at hand no other means
of self-defense than the expulsion and deposition of the king,
the said state, acting as a whole, and in accordance with the
public and general deliberations of its communities and leading
men, may depose him.93


38
organizations as legislatures, political executives, armies, bureaucra
cies, churches, and the like," writes the author,
these are organizations which perform other social or political
functions but which, as corporate bodies or through groups
within them (such as legislative blocs, officer cliques, higher
or lower clergy or religious orders, departments, skill groups,
ano ideological cliques in bureaucracies), may articulate their
own interests or represent the interests of groups in the
society.
"Associational interest groups," on the other hand,
are the specialized structures of interest articulationtrade
unions, organizations of businessmen or industrialists, ethnic
associations, associations organized by religious denominations,
civic groups, and the like. Their particular characteristics
are explicit representation of the interests of a particular
group, orderly procedures for the formulation of demands, and
transmission of these demands to other political structures
such as political parties, legislatures, bureaucracies.^
Even in the definition, the difference between the two categories
is far from clear. It should be pointed out that the author is using "in
stitutionalized" in a somewhat unusual sense; more commonly the term, when
used in reference to groups, indicates "a relatively high degree of sta
bility, uniformity, formality, and generality" which maximizes the proba
bility of "an equilibrium among the interactions of the participants" and
hence of the group's permanence in timeJ5 |n this sense, groups in Al
mond's "associational" category may be as stable and durable as those in
his "institutionalized" category.' The definition of the latter, however,
departs from the accepted understanding of the term in two significant
ways. In the first place, it comprises only those organizations embedded
within the apparatus of government (legislatures, executives, bureaucra
cies) or those directly articulated to it (armed forces, established
church).. In the second place, these are characterized as "organizations


CHAPTER I
THE PROBLEM
Despite the recent appearance of a number of major interpretive
works by Spanish and United States scholars, students of Hispanic America,
or of the Hispanic world, have as yet only a very imperfect understanding
of the role played in the historical processes of those areas by human so
cial groups. There is every reason to believeas will be, in passing,
made clearthat the group concept may represent a more precise investiga
tional tool than many heretofore available to the Hispanicist; at the same
time, however, it is also apparent that the concept is adaptable to a
rather broad range of problems, each requiring its own focus, technique,
and subject materials. There exists, that is, along with the opportunity
for a more penetrating analysis, the serious risk of confusion. Both as
pects are implicit in the following quotation from the Spanish social his
torian Juan Beneyto:
A history is social when it is faithful to the society as it has
revealed itself in each epoch, in the totality of its groups and
structures. The incarnation of history, the dense experience
that the past brings to bear, is relatedeven connectedto the
participation of groups in the common life. The unfolding of
crises may even be deduced from the examination of these group
ings. It follows thatas Verlinden observes--the concept of
group, in all its forms, may turn out to be determinant, and
that therefore . the study of those groups in some way domi
nant or influential must be important. The concept of group is
demanded so imperiously that the social historianis obliged
. to ponder the forms of communal life. The concept of group,
further, serves to expel the concept of class. . Groups may
associate, and frequently do associate, in class" ways, but
not invariably. Farme/s and cattlemen, industrialists and
merchants, diverse professionals and persons-grouped temporarily,
1


79
must be ordered to its entirety as imperfect to perfect, as societas im
perfecta to societas perfecta. Being imperfect, they were only partial
means toward the accomplishment of the ends of the individual, the eco
nomic order, or the state. Nor did the mere fact of individuals and
groups living in physical juxtaposition to one another presuppose a unity
of order, a harmonious common effort toward the common end; generally
the reverse. Thus inherent unity must be differentiated from unity of
order; the latter was the principle of political organization, organi
zation which, once arrived at in whatever mode, monarchist, aristocratic,
republican, must be maintained by the human agency or office encharged
with this function, the supreme civil power.
It follows . that the possibility of ascribing real per
sonality to the civil group was precluded by the very premises
of medieval political thought; and that the legal personality
of the group must necessarily have been placed where medieval
thinkers placed it: in the ruler, who alone could give any
sort of unity to an otherwise amorphous and discordant mass of
indi vi duals.3
This distinction between inherent unity and unity of order under
lies Surez1 concept of the Corpus mysticum politicum. It isa mystic
and political body because the relationships among individuals are not,
as in the physical body, biological, or as in a mechanism patterned after
the human body, mechanical, but moral. This is so because the constituent
units of the body social are individual human beings, possessed of both
reason and will. And since these relationships are moral, they are sub
ject to normative statements, that is, the positive or customary law of
the state.37 ¡t should be noted parenthetically that on the source of
positive law Suarez departed from many of his great predecessors, includ
ing Vitoria: for the latter, positive law was objective, discoverable by


90
head In so far as they deal with [all] persons of a certain condition
(such as wards, soldiers, etc.), or with [all] persons of a certain ori
gin (for example, nobles), or with [all] the successors of a given fam
ily; and In this sense they look to the common good, because of a common
participation (so to speak) in their universal effects. . ."7
Suarez thus places society's imperfect groupings firmly under the
tutelage of the ruler, Insofar as they are elements of the political sys
tem. Their "order" (in the Weberian sense) may come from below, but it
requires the ruler's assent; Its continued existenceformally, at least--
is at his pleasure. The customary law, however, quickly makes of them
intereses creados, and they are not easily to be dismantled. For, as
the rationale of privilege (which, in the case of groups, is law) is its
utility in the furtherance of the common good, the ruler can only abro
gate privilege by demonstrating, by means of a written law, the negative
proposition: that the common good is no longer served. This is, and is
meant to be, immensely difficult.
The relationship of the ruler to the state as a whole is not
easily defined. In one sense, the question seems irrelevant, for the
public authority is an office or organ, and as such, "the prince . .,
is part of the republic." In this, Suarez is following a strong Span-
89
ish tradition. However, Mesnard points out the significance of the
following:
once the power has been transferred to the kind, he is through
that power rendered superior even to the kingdom which bestowed
it; since by this bestowal the kingdom has subjected itself and
has deprived itself of its former liberty. . Moreover, . .
the king cannot be deprived of this power, since he has acquired
a true ownership of it; unless perchance he lapses into tyranny,
op which ground the people may wage a just war against him. . .yu


The sine qua non, the constant factor without which the social and politi
cal behavior of Spanish-American groups would not take the form it does,
seems to lie in the structure of the group itself. That is, a concept of
the Spanish-American group is necessary before any further statements can
be made about the behavior of groups. And, since the study is more con
cerned with the political activity of groups than with their sociology
per se, it is necessary to include in such a concept means for determining
the group's political potency, for determining in how far the group may be
considered the locus of effective political power.
For this purpose, it would seem that highly developed European and
North American "interest-group" concepts might be adaptable to the Spanish-
American context. Therefore, three not altogether successful attempts by
other authors (Blanksten, Silvert, Linares Quintana) to erect interest-
group typologies for the area are analyzed, and the requirements and ex
clusions of any such scheme are determined. The point is emphasized that,
on the basis of available evidence, the investigator should expect to find
much overt linkage between organized interests and the formal apparatus of
government, a decisive interpenetration of society and polity; he should
therefore divest himself of any value-laden biases in favor of "voluntary"
and "autonomous" associations. It also seems ncessary to attach rather
more significance to the group's basic legal statute than would be re
quired in a North American context. Using concepts developed by Almond,
and some of the terminology of Weber, a scheme for the classification of
"institutionalized functional" groups is erected. Its final term is the
"inclusive" group, that which affords its membership a major source of
9
discipline and of material and psychological satisfactions, and allows of
i i i


36
Kalman H. Sil vert, in The Conflict Society: Reaction and Revolu
tion in Latin America, attempts to develop the topic further. Under the
rubric "Pressure Groups" Silvert begins his discussion by writing:
Interest or pressure groups are few in Latin America. Where
caudillistic one-party rule holds sway, there is insufficient
complication to give much room to variegated pressure groups.
And where multi-party systems operate, except in the most de
veloped countries, the parties represent small middle and upper
groups and speak in the name of the economic interests
themselves.'
The conceptual confusion in this single paragraph is quite marked.
"Caudillistic one-party rule" is apparently equivalent to despotic or non
representative government, so that the "complication" found "insufficient"
must refer to political diversification or pluralism. This is a tautology
with which one may agree. It does not follow, however, that "variegated"
interests may not exist, nor, even, that they may not be organized, but
merely that they are effectively denied institutionalized channels through
which their demands may be formulated, aggregated, and acted upon. As was
noted in the previous chapter, the "variegation," the absolute number, of
interest groups within a given social structure seems to be much more a
function of its economic and occupational diversification, than of any pe
culiarities of its formal political apparatus. As another critic of the
work has noted: "Silvert states that interest or pressure groups are few,
but refers to the influence and pressure of the military, the Church, land
owners, labor unions, coffee-growers, students, political parties [presuma
bly those speaking 'in the name of the economic interests themselves'] and
others."^ The point is, of course--to take an extreme hypothetical case-
it would be absurd to seek an Electronic Industry Trade Association and an


35
possible interest group coalitions by offering acceptable choices
of political personnel and public policy.11 ... In Latin
America . this differentiation of functions cannot be drawn
quite so sharply. ... in Latin America the functional line be
tween parties and interest groups is hardly recognized, let alone
observed.7
Nevertheless, when he comes to consider the "interests" themselves, Blank-
sen makes use of the fourfold classification scheme set up by Almond"in
stitutional interest groups," "nonassociational interests," "associational
interest groups," and "anomic movements." Under the first heading are set
the Roman Catholic Church, the armed forces, and the bureaucracy; under the
second the author considers those groups discussed in the first chapter of
this study as manifestations of "class," "ethnic," "kinship," and "local
ity" solidarities. "Associational interest groups" may include, in Blank-
sen's view, associations of landowners, labor organizations, foreign com
panies, student associations, professional associations, and business
groups. The treatment is summary, and one wonders about the relevance of
the author's concluding remarks on the absence of organized veterans1
groups similar to those that have played significant roles in the United
States political process since the Civil War. Finally, "anomic movements"
are said to comprise "revolutions" (perhaps better described as coups
d1tat). demonstrations, riots, mob action, and political assassination;
the author makes the point that the first two of these phenomena are felt,
so long as extensive violence is avoided, to be within--or at least not
without"the rules of the game."^ This treatment of the "interest articu
lation function" in Latin America ends with the somewhat gratuitous admo
nition to avoid the tagging of interest groups with ideological labels
"radical" or "conservative"and the search for coalitions among groups
with analogous ideological orientations.^


86
certain canonists who assert that by the very nature of the case this
[legislative] power resides in some supreme prince upon whom it has been
divinely conferred, and that it must always, through a process of sue-
66
cession continue to reside in a specific individual. "The basic rea
son," says Suarez, "is evident . the fact that in the nature of
things all men were born free; so that, consequently, no person has po
litical jurisdiction over another person. . ."^7 For Suarez, neither
the argument that the legitimacy of dynasties has descended in an unbro-
68
ken line from Adam, nor the argument that their legitimacy has on oc-
69
casion been sanctioned by divine revelation is tenable. Therefore,
while "the contention that the power under discussion comes from God as
its primary and principal Author ... is clear and beyond dispute,"^
this power is a "natural" attribute of a perfect human community which
may transfer it to another seat of authority.7' Or, turning the argu
ment around, "such power, in the nature of things, resides immediately
in the community; and therefore, in order that it may justly come to
reside in a given individual, as in a sovereign prince, it must neces
sarily be bestowed upon him by the consent of the community."7^ Again,
for this governing power, regarded from a political viewpoint
and in its essence, is undoubtedly derived from God, as 1 have
said; yet the fact that it resides in a particular individual
results . from a grant on the part of the state itself;
and therefore, in this sense, the said power pertains to human
law. Moreover, the monarchical nature of the government of
such a state or province is brought about by human disposition
. . therefore the principate itself is derived from men. An
other proof of this derivation is the fact that the power of the
king is greater or less, according to the pact or agreement be
tween him and the kingdom; therefore, absolutely speaking, that
power is drawn from men.73


89
of internal affairs; it, like the family, may be perfect in its order,
and possess a potestas dominativa. Being imperfect in relation to the
Corpus mysticum politicum, it cannot conceivably possess potestas iuris-
dictionis. Further, the assent of the ruler to such customary statutes
is always necessary: it may be given by general proclamation, or, sig-
Qo
nificantly enough, by simple tacit toleration of what has become custom.
Custom, for Suarez, can easily have the force of law: "the pub
lic custom ... of any community that has the capacity of being bound
by its own laws, may establish law, in so far as it rests with the com
munity to do so [i,e.. in so far as it is acting within its sphere and
its order], even though it may not actually have the power of making
laws." H Such customary law is equivalent in force to written law, or
may be translated into written law. It remains in effect unless and un
til it is abrogated by other written law.^
This formulation is closely related to the question of privileges.
Suarez holds that, "for the validity and essence of a law, it is neces
sary only that its subject-matter be advantageous to and suitable for
the common good, at the time and place involved, and with respect to the
88
people and community in question." Thus, although measures affecting'
the welfare of individuals or groups of individuals may have been the
outcome of special dispositions on the part of the civil power, they
must nevertheless be permitted to stand so long as it can be shown that
they redound to the common good. Suarez, however, makes a distinction
between privilege and law: "with respect to these legal precepts it
should also be noted that they never fall under the head of law when
they relate merely to this or that individual, but do come under that


22
to its relations to other groups, particularly the consul ado and the
gauchos. Curiously enough, despite the great quantity of literature on
the general topic, there apparently does not exist a discrete monographic
study of the "guild of cattlemen," qua guiId. Nevertheless, there is,
for the entire Spanish American area, a respectable body of works on the
Colonial corporations: the Church and its component groups, the military
orders, the cofradias. the universities, the consul ados, the mesta, the
mining guild, the protomedicato, and the guilds of artisans. From these
studies a rough composite of colonial group structure can be assembled.
It is in more recent periods that, on several counts, the requirements for
an appropriate method becomes pressing.
Many phenomena in the highly-structured societies of twentieth-
century Spanish America lend themselves to Investigation with this ap
proach: the corporate behavior of Church and armed forces in many con
texts; the antecedents, premises, and objectives of the reforma uni ver-
si tari a of 1918 and thereafter; the "estatist" implications of the Mexican
29
Constitution of 1917 and of others; the articulation of the Institution
alized Revolutionary Party and its predecessors into the structure of
Mexican government; the institutionalization of functional groups through
the receipt of special basic statutes or organic laws, and other recondite
aspects of Hispanic law, the political and social implications of entes
autnomos; the extent to which the adjective "corporatist" accurately de
scribes Reron's "Justicialist" state;^ and so on. Information already
available concerning such phenomena suggests strongly that there is a
strong analogy between them and the corporations of the colonial Old
Regime.


10
what can be described as social classes" exist, or are coming into exist
ence, than that they have begun to behave politically in furtherance of
class interest.
What is the result, however, if the conceptual grid is rotated
ninety degrees, if attention is turned to groups? The scholar is aware
of the existence of a broad range of Spanish American groups, many of them
like the armed forces or the university students associationspossessed
of both intricate institutionalizing features and marked political po
tency. But he must also be aware, following Blanksten, of the depth of
his ignorance about them: they have not yet been classified; much less is
it possible to speak of their composition and their boundaries; the ways
in which they become institutionalized, either through their own efforts
or through the receipt of sanctions from the society at large; their po
tential for political behavior; or the actual processes of that political
behavior. At this point, therefore, it seems justifiable to seek, outside
the Spanish American experience, a prior? formulations as aids to clarify
the problem. The first one chosen is at a level of abstraction that ren
ders it adaptable to the Spanish American contextwith two reservations,
which are italicized: -
The chief social values cherished by individuals in modern so-
cietv are realized through groups. These groupings may be sim
ple in structure, unicellular, so to speak, 1ike a juvenile
gang. Or they may be intricate meshes of associated, federated,
combined, consolidated, merged, or amalgamated units and sub
units of organization, fitted together to perform the divided
and assigned parts of a common purpose to which the components
are dedicated. . The conclusion emerges from an inspection
of the literature dealing with the structure and the processes
of groups that, insofar as they are organized groups, they are
structures of power. They are structures of power because they
concentrate human wit, energy, and muscle for the achievement
of received purposes. . That which puts both state and


50
The classification, it seems clear, must then of necessity
be noncogn?tive, that is, it must be designed so as to permit the
ordering of the data at hand, and of data to be gathered in the fu
ture (which may well necessitate its modification); it should not,
however, make use of. a priori cateqorIes--especial 1v those trans
posed from dissimilar contextsupon which to build even higher-
level generalizations. The category institutionalized functional
groups" has been generalized fr perience so as to circumscribe those relatively durable loci of
t
effective political power to be found in the occupational group
structure of the several Spanish American societies. In doing so,
the assumption is that a major step will have been taken toward iden
tifying the constant structural factor in the recurring phenomenon of
political fragmentation; this must be qualified, however, by reite
rating that the other solidarities citedclass and status, the ex
tended family, the nonwhite subculture, the patria chicaoffer com
plementary approaches to the identification and analysis of loci of
effective power.
These considerations have prompted the choice of terminology
institutionalized functional group" in preference to interest group"
or some variant thereof. The former is connotatively neutral, whereas
the latter might introduce subjective values of sufficient weight to
cause distortion. The long neglected area of occupational solidari
ties is taken into full account, yet the concept is flexible enough
to comprise groups organized for the furtherance of ideological ends


12
Furthermore, de Grazia goes on to say, "if there are numerous re-
1B
liglons, there tend to be numerous religious interest groups. . .rl
Again, it is accepted as axiomatic that none of the Spanish American na
tions, with the possible exception of Argentina, is characterized by any
thing resembling religious pluralism. While not discounting the multi
plicity of attitudes within the Catholic Churches of Spanish Americanor
the historical instances in which anti-clericalism has served as a unify
ing interestthe range of possible religious affiliations is clearly
restricted.
These two considerations lead to a third. It is probable that
even in the most modern" Spanish American nations there are, relative to
total population, fewer interest-articulation" groups than in a devel
oped" nation. If, however, it is agreed that groups represent structures
of power, it would seem to follow that those groups that do exist are ca
pable of exerting all the more influence on the political process (however
that process be conceived), for power is diffused among fewer such
structures.
The paradigm is of course far from complete; even at the present
level of abstraction several variables must be considered.
The shortage of preliminary studies precludes any definitive
statements about the extent of group organization. The accounts that do
exist suggest, nevertheless, that in the more advanced Spanish American
states, at any rate, all but a few of the major functional groupseco
nomic" and noneconomic" alikeare organized; this is in contrast to the
scarcitywhich may only be an apparent scarcityof civic-type" groups,
more or less spontaneously organized agglomerations of individuals whose


Ill
Law 2: Usage shall be made in such a manner that it is to the
good of the community, not harming it; and must not be made co
vertly, but in such a manner that it is known and respected by
those cognizant of reason and of law.
Law 4: Custom is law or fuero that is unwritten, which has
been used by men for a long time. . There are three types
of custom. The first pertains to some thing, to some place,
or to some certain person. The second, as pertains to persons
or places. The third, to other specific things done by men,
and which they find good, and in which they are firm.
Law 5: [Custom may be erected by] the people as such, that is,
a gathering of the people of all conditions of that ti erra. .
. [Such custom must remain in force for ten to twenty years,
and must receive two favorable judgments from learned men, and
no unfavorable ones.] And we say moreover that the custom that
the people wish to erect, and use, must be of right reason, and
not against the Law of God, nor in opposition to seorial right,
nor against natural law, nolr agaiinst the good of the entire
community of the entire region of the place where it is made;
and it must be made with great counsel.
Law 6: Custom has great force, when it is erected with reason.
. . Moreover we say that custom may interpret law whenever
doubt shall fall on it. [It may also, with the consent of the
king, abrogate law]; but if the custom should be only special
[i.e.. local] the law is abrogated only in that place where
[the custom] is in use.
Law ~J: Fuero is that thing in which are enclosed the two things
we have said, usage and custom, for each of them must enter into
a fuero in order to become firm . for if the fuero is as
should be, and of good usage and good custom, it has such force
as shall turn it into law.
Law 8: The fuero shall be made well and at length, maintaining
in all things reason and right, and equality and justice. And
it should be made with the counsel of good and wise men, and with
the consent of the [feudal] Seor, and with the approbation of
those to whom it will pertain. ... And when it is made in this
manner, it can be conceded and ordered, in all those places con
cerned, that it shall be held: and. in this manner it is thus as
law.32
It should be pointed out, however, that the Laws of the Indies do not
contain these provisions, but a rather more restricted one:
Custom[:] we declare that this is not to be understood as the
result of two or three acts only, but in many continued ones,
i


44
no inherent reason to equate this heuristic dividing line with a value
ladenand in this context, unnecessaryseparation between the polity
(the party system and the formal apparatus of government) and the society
(ideally composed of voluntary, rational, and of themselves apolitical
interest groups). This point must be stressed, for, as noted, many other
political scientists have accepted similar assumptions.
It is probably true, as Blanksten indicates in the statement cited
above, that in general Spanish American patterns of interest articulation
exhibit the less desirable set of characteristics. There seems to exist,
furthermore, as has been shown in passing, a decisive interpenetration of
polity and society, a fusion at many points of the governmental apparatus
and the organized interests of society; this interpenetration is appar
ently held, moreover, to be quite legitimate. It does not follow in
simplistic fashion, however, that the latter is the cause of the former;
the problems of political disorder, paralysis, and fragmentation are ob
viously far more complex. That this is so is indicated clearly by the
example of the Mexican political system, a system in which--as wi11 be
shown in greater detail below--a conscious positive value seems to attach
to such interpenetration, but one which is nevertheless, by common con-
sent, viable.
The third application of interest-group theory to a Spanish Ameri
can context is that of the Argentine legal scholar, Segundo V. Linares
Quintana. It forms the concluding section of the seventh volume of
Linares' Tratado de la ciencia del derecho constitucional argentino y
24
comparado. The author begins his discussion with a capable review of


51
as well. But as a provisional designation it is like all other
elements of this theoretical section--subject to future modifica
tion should future investigations so demand.
To this point it has not seemed necessary to expand on the
concept of "power". Obviously, however, a refined process of ana
lysis is required if one is to determine how a major Spanish Ame
rican group is able to exert its will upon the national political
process. As will be shown, moreover, some of the points developed in
this analysis will serve also toward the investigation of the logi
cally consequent question, how is it that several such groupsshould
their interests prove mutually irreconcilablecan in effect go their
respective ways and thus paralyze the entire political process. The
investigational scheme erected by Truman is of great utility here,
for it does not make use of a priori categories behind which might
shelter unacknowledged value judgments. He posits that the group's
access to the decision-making process will depend upon a set of varia
bles or "factors," which he groups under three heads.- Under "factors
relating to the group's strategic position in the political system,"
he places: '
1. The status or prestige of the group as conferred by the
society at 1arge.
2. Status or prestige of the group in relation to other con
tending interests, and the types of behavior sanctioned
it by the "rules of the game" by virtue of such status.
3. Membership of government officials in the group.
4. The usefulness of the group as a source of information
upon which to base legislative or administrat ive act ion.


96
Fide. Spfe, et Charitate [1621], ed. James Brown Scott ("Carnegie Endow
ment for International Peace, Division of International Law, Classics of
International Law, No. 20; Washington: Carnegie Institution, 1944). The
Latin text is supplied, with English translation. In the following cita
tions, the Latin text will be supplied in the footnote when reference is
made to a work other than this. Roman numerals refer to book and chap
ter; Arabic to paragraphs.
2U
Heinrich Rommen, Die Staatslehre des Franz Suarez. S. J.
(Munchen-G 1 adbach: Volksverei ns-Verlag, 1926), TT- Also George H.
Sabine, A History of Political Theory (rev. ed.; New York: Holt, 1950),
38991.
23Ewart Lewis, "Organic Tendencies in Medieval Political Thought,"
American Political Science Review. XXXI1, No. 5 (October, 1938), 864-65.
26lbid., 849-50.
27cf. Gierke's "The Nature of Human Associations" and "The Basic
Concepts of State Law and the most recent State-Law Theories," both re
printed as appendices to John D. Lewis, The Genossenschaft-Theory of Otto
von Gierke: A Study in Political Thought ("University of Wisconsin Stud
ies in the Social Sciences and History," No. 25; Madison: University of
Wisconsin Press, 1935), 145, 169.
2Rommen, op. cit.. 23-4.
2^Cited by Rommen, loc. cit. "In civilibus omnes homines, qui
sunt unius communitatis, reputantur quasi unum corpus, et tota communitas
quasi unus homo."
30john Morral 1, Political Thought in Medieval Times (London:
Hutchinson, 1958), 43-44.
31E. Lewi s. op. cit.. 876.
32Loc. cit.
33Mau rice de Wulf, Philosophy and Civilization in the Middle Ages
(New York: Dover Publications, Inc., 1922), 195, 219-240.
34lbid.. 230.
33E. Lewis, op. cit.. 863.
36lbid.. 856.


11
non-state associations In the same category of forms is the
common factor of power. Both are associations of people for
the achievement of ends common to the members, and the means
of achievement Is the application of the power of the associa
tion to the obstacles and hindrances which block the goal
The terms modern society and insofar as they are organized groups
are decisive for differentiating between the United States experience and
that of Spanish America; "modern," of course, must be taken In a neutral
sense.
Scholars accept as axiomatic that the nations of Spanish America
form part of the world's "underdeveloped" area. Even allowing for gross
differences on the developmental scale, as noted earlier, it follows that
even in the best case, the "industrialization"meaning here economic com
plexity and diversification, and social and occupational diversification
of Spanish America Is rather less than that of the "advanced" nations.
This fact has obvious consequences for the study of group structure.
Alfred de Grazia writes, "the number of Interest groups in a society seems
to depend on the diversity of sentiment In the population with respect to
those things that might fall within the scope of governmental action."^
In the following chapter It will be proposed that "the scope of govern
mental action" must be understood In a broader sense in Spanish America,
than it Is in the United Statesor perhaps was in the United States prior
to 1929, a time whence still derives a persistent mythology. But at this
point it is necessary merely to remark that in Spanish America there are
far fewer nuclei of economic power and, obviously enough, far fewer ways
to make a living, than In a "developed" nation. There are thus far fewer
nodes of interest in the economic realm around which groups can coalesce.


106
the same method to be applied for the purpose of permanently
appropriating property to a particular object in the interests
of private persons? . Roman law adhered consistently to
the rule that to sustain a juristic personality is the privi
lege of public corporations and institutions.1'
The Glossators were not able, in fact, to achieve the distinction between
public and private rights that might have led to a coherent concept of
the private corporation, i.e,, one designed to carry out the will of a
1 ft
private person over time. Further, they subsumed the churches and ec
clesiastical institutions under the Roman concept of corporation; this
had the important consequence, as Gierke notes, that the canon lawyers,
in turn, could adapt the Roman law concept to Church doctrines.^
In this enlarged sphere of public competence, most corporations
were thus made immediately subject to the public authority.
To establish a corporate group, the glossators posit above all
the requirement of recognition by the state. They even venture
a supposition that no association is allowed for which there is
not a specific proof of approval by the state. The glossators
never expound the distinction between a public law permission
or a permission issued by the police, on the one hand, and the
granting of a legal subjectivity, on the other hand. By govern
mental approval, a society becomes collegiurn 1iciturn and obtains
corporate rights, whereas a society without an approval, and
thus as a col leg? urn 111iciturn, not only is punishable but is.
devoid of the legal capacity to have rights and duties.' Col -
1 egia licita without legal subjectivity are as unknown to the
glossators as are collegia i Ilcita with legal subjectivity.
That is, the receipt of juridical personality (legal subjectivity") is a
function of the receipt of the approval of the magistrate. Corporations,
however, which have not received such approval do not possess juridical
personality, and are, moreover, illicit organizations. There is no par
ticular requirement, however, that each society must be licensed,
individually;


138
Wallace, Thomas F. "The Political Philosophy of Suarez," Proceedings of
the American Catholic Philosophic Association. Vil (Baltimore,
1930, 96-105.
Weber, Wilhelm. Wi rtschaftsethi k am Vorabend des Li beral i smus. Hflhepunkt
und Abschluss der scholastischen Wirtschaft. Betrachtung durch
Ludwig Molina, S. J. (1535-1600). Miinster/Wf: Aschendorfssche
Verlagsbuchhandlung, 1959.
Werner, Karl. Franz Surez und die Scholastik der letzten Jahrhunderte.
2 vols. Regensburg: Veriags-Anstalt Vorm. G. T. Manz, 1889.
Wright, Herbert. "Suarez and the State" in Francisco Suarez: Addresses
in Commemoration of his Contribution to International Law and
Poli tics. Washington: Catholic University of America, 1933
Wohlhaupter, Eugen. La importancia de Espaa en la historia de los
derechos fundamentales. Madrid: Centro de Intercambio Intelec
tual Germano-Espaol, 1930.
Zavala, Silvio. La filosofa poltica en la conguista de America. Mexico
y Buenos Aires: Fondo de Cultura Econmica, 1947.
Servidumbre natural y libertad cristiana, segn los tratadistas
espaoles de los siglos XVI y XVII. Buenos Aires: Instituto de
Investigaciones Histricas, 1944.
Philosophy and Political Thought in Colonial Spanish America
Altamira y Crevea, Rafael. "La legislacin indiana como elemento de la
historia de las i deas coloniales espaolas," Revista de Historia
de America. I (1938), 1-24.
Angulo y Perez, Andrs. "La democracia en los concejos municipales,"
Raices de la democracia en Amrica. La Habana:. Editorial Selecto
Librerfa, 1957.
Belaunde, Vfctor Andrs. Bolivar and the Political Thought of the Spanish
American Revolution. Baltimore: Johns Hopkins, 1938.
Congreso Hispanoamericano de Historia [Madrid, 1949]. Causas y caracteres
de la independencia hispanoamericana. Madrid: Ediciones Cultura
Hispnica, 1953.
Elias de Tejada, Francisco. El pensamiento poltico de los fundadores de
Nueva Granada. Sevilla: Escuela de Estudios Hispanoamericanos,
1955.
Frankl, Victor. "La f¡losoffa social tomista del Arzobispo Virrey
Caballero y Gongora," Bolivar, XIV (1952), 595-626.


40
As it is obvious, however, that many group phenomenafrom the
small owner-operated factory to the national armypossess sanction,
further tests are necessary. One very relevant to the Spanish American
context can be developed by referring again to the question implicitly
posed by Almond of the group's relation to the apparatus of government.
The requisite terminology can be found in Weber, in the form of ideal
16
polar types. Is the group more "heteronomous" or more "autonomous"--
that is, is the group's "constitution" (see Chapter I) the work of its
members, or has It been derived from or imposed by government? And is it
more "heterocephalous" or more "autocephalous"do government function
aries serve as all or part of the leadership cadre, or has the latter been
raised, by whatever process, from the membership itself?
Using these concepts, a pattern begins to reveal itself among many
of the major sanctioned groups of Spanish America: they are highly or
moderately heteronomous but moderately autocephalous; that is, the overt
relation to government is close, but some degree of self-governance has
been retained. The national universities offer perhaps the clearest ex
ample. Their organizational features are familiar to all investigators of
the area: the basic legal statute of the university; the autonomous o.r .
quasi-autonomous fiscal and administrative status; the concept that the
university is under the direct patronato of the President of the Republic
(as in Chile); the direct subvention of the official student organization,
in which, membership is obligatory and which is empowered to issue carnets
materially advantaging the individual student; the regulations emanating
from government (the Ministry of Education) permitting student election of
professors andat timesrectors, and allowing student participation in


75
The present study ¡s not intended to form part of the histori
ography outlined above. Its objective, rather, is simply to demonstrate
that there existed in Spanish neo-Scholastic political theory
1.. An awareness of functional groups as constituent ele
ments of the civil polity.
2. A requirement that they be subordinated to the supreme
public authority in a particular way.
3. A further requirement that they then be allowed to in
stitutionalize and protect themselves, through the
sanctions of customary or positive law, so as to achieve
a degree of immunity from the caprice of that public
authority.
These points, if they can be substantiated, neither confirm nor refute
the thesis of Gimnez and his colleagues. They will merely establish
the probability that a particular concept of the social and political
role of human groups had been stabi1ized, for the entire Hispanic world,
for a period of time extending, in all likelihood, until the late eight
eenth century.
The writings of Suarez are of especial utility in this study.
His considerations of the nature of political society, found chiefly in
the De leqibus ac Deo legislatore (1612) and Defensio fidei (1613),^
represent perhaps the most comprehensive and logically^coherent statement
of theory in the Spanish 1ate-Scholastic canon. In these works, Suarez
succeeded in codifying much of the doctrine of medieval Scholasticism in
such a manner that it remained a unified source of theory for later gen
erations; in addition to the intrinsic worth of his work, that is, he
fulfilled to some degree the function of a transmitter.^ Through se
lections from other theorists, however, it will be possible to demonstrate


42
These group phenomena, as well as the armed forces, bureaucracies,
established churches, and many labor syndicates of the area, all reveal
a high degree of immediate dependence upon the apparatus of government,
combined with a greater or lesser range of discretion in the governance
of internal affairs. There seems, therefore, little reason to distribute
them artificially into the institutional" and associational" categories
proposed by Almond. Rather, it seems sufficient to consider them all
V I
under the head of "sanctioned institutionalized functional groups" (in the
analytic sense noted above), and then to determine within this category
the location of a particular group on the continuums "heteronomous-
autonomous" and heterocephalous-autocephalous." While it is impossible
at this point to be dogmatic, all the preliminary evidence suggests that
barring certain social and recreational groups (of which more below),
the few civic-type" groups of the area, and atypical situations (such as
that of the Roman Catholic Church in Mexico)the great majority of groups
will be found, insofar as they are organized at all, to repeat the pattern
of qualified dependence on government outlined above.
Nor should this be surprising. Almond's category of "associa-
tional interest groups" appears to embody very definite value judgment's
derived from what is taken to be the Anglo-Saxon experience and not trans
ferable to Spanish America. In the first place, a preference seems to be
expressed for the private, voluntary group as when the author writes, in
the definition cited above, "their particular characteristics are explicit
representation of the interests of a particular group, orderly procedures
for the formulation of interests and demands, and transm? ssion of these
demands to other political structures. . ." (Italics added.) Such a


103
inferred from the discussion in the previous chapter), the Spanish legal
tradition has long favored the supremacy of the lawand of the lawmaker.
As an investigational approach, however, the concept of juridical
personality can easily become confused unless the type of problem under
study is kept firmly in mind--or, put another way, unless the right ques
tions are asked. Recasens has schematized these approaches very lucidly.
In the first place it must be asked, what is the juridical content of the
concept; what is meant when it is said that an individual or a collecti
vity is a juridical person? This is a problem bound up with the general
theory of law. Secondly, which are the entities to be granted this per
sonality? This is a problem of positive law, to be determined for the
specific political and legal culture under study. Third, what are the
essences and attributes of these entities? Properly speaking, this is
the subject matter of sociology. And finally it may be asked, to which
collectivities should juridical personality be conceded? On this point
have turned many debates in public policythe extension of such recogni
tion to slaves as individuals, for example, or to labor unions as collec
tivities. The doctrines put forth in support of one position or another
are, of course, the substance of political theory or ideology.-
Such investigational categories, it is clear, would be equally
applicable to United States phenomena as to Spanish American, and, in
fact, under the first heading, general legal theory, many of the concepts
and even much of the language would be found to be analogous. As Sherman
points out, the reason is obvious:
the jurisprudence of every modern civilized state contains the
fundamental principles of the Roman law of private corporations.
Their familiarity is but proof positive of their survival since


I
32
The right of resistance, that is, can be invoked only in extremis. and
in a manner which, in practical terms, renders such resistance impossible
Suarez1 theory of the state is characterized, as was said before,
by a set of logical tensions orbetter formulatedby antinomies only
partially resolved. In the end, as Labrousse says, rationalism triumphs
over voluntarism, for "it is of the nature of God that his will remains
always in conformity to the dictamen of the reason that precedes it and
surpasses it. Nevertheless, the impulse in Suarez toward volun
tarism has been strong. Further, although the ruler is a functional mem
ber of the state, yet he is superior to it. The state, in turn, is a
fictive person, in accord with all Scholastic precedent; yet as a moral
entity it is in important ways apart from its constituent members. It
would seem that Suarez, for all his commitment to an earlier Scholasti
cism, could not but reflect the onrushing change in the political world
of Europe.
But at the same time Suarez has endowed his theoretical state
with a remarkable stability, a capacity to resist change. On the part
of the people, their privileges and institutions have been shielded by
the authority conceded to custom and the common law. On the part of the
ruler, power is irrevocably his until and unless he should lapse into
tyranny. Tyranny, moreover, is narrowly defined: the very existence of
the state must be imperiled before the right of resistance can be invoked
And in such case, only the whole people, acting collectively, can exer
cise resistance (this thesis, of course, is also central to one of Lope
de Vega's most enduring dramas, Fuente Ovejuna). Thus legitimacy and


135
Gambra, R. La monarqufa social y representativa en el pensamiento tradi-
cional. Madrid: Ediciones Riolp, 1954.
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Gomez Robledo, Antonio.. El origen del poder pblico segn Francisco
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I
Guy, Alain. iggJzMiaiflfite esmcmo1 as.. d.1 h i_fetdlaulourdJ.hul. 2 vols.
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