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The Role of Non-Governmental Organizations in Advancing International Criminal Justice
Charles C. Jalloh
This chapter examines the role of non-governmental organizations (NGOs) in advancing international criminal justice. I argue that NGOs have had considerable impact by contributing, among other things, to the global struggle against impunity through advocacy for the creation of more robust institutional mechanisms to prosecute those who perpetrate such crimes. This ranges from supporting the processes that led to the creation of several ad hoc international tribunals for Yugoslavia, Rwanda and Sierra Leone, all the way through to the establishment of an independent permanent international penal court based in The Hague. The crux of my claim is that a historically sensitive approach to evaluating the role of NGOs in international governance shows that these entities are not only willing, but also capable of enhancing the protection of human rights and international criminal justice especially but not exclusively in less developed regions of the world.
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International Criminal Justice Processes in Rwanda and Sierra Leone: Lessons for Liberia
Charles C. Jalloh and Andrew Morgan
This article seeks to evaluate the role and contributions of the UN International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL) to the task of dispensing justice to those most responsible for the commission of international crimes during the Rwandan and Sierra Leonean conflicts. The authors contrast those two situations to that of Liberia, where a Truth and Reconciliation Commission was set up in lieu of criminal accountability. We argue that part of the unfair criticism of international criminal law is driven by the unrealistic expectation that ad hoc criminal courts such as the ICTR and the SCSL cannot only mete out credible justice, but also help to restore peace and promote national reconciliation in deeply divided post conflict societies. We submit that, even in best case scenarios, such courts can only serve justice to individual perpetrators of horrific crimes in fair trials that complies with their statutes and international human rights law. We therefore call for a return to their primary intended roles as criminal courts when evaluating their legacies. Toward that end, we test the work of the ICTR and the SCSL against eight factors relevant to assessing their achievements and limitations as criminal courts. We show that, although ours is not an empirical study, it appears that those special tribunals made important contributions to the process of giving justice to victims of atrocity crimes in Rwanda and Sierra Leone.
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Transfer of Cases Under the Jurisprudence of the ICTR and Lessons Learned for the ICC
Alhagi Marong and Charles C. Jalloh
In this chapter, we examine the Rule 11bis jurisprudence of the International Criminal Tribunal for Rwanda (ICTR). Under that caselaw, which spurred significant legal reforms in Rwanda, the judges fleshed out the requirements that national criminal justice systems must meet in order to prosecute serious international crimes where they enjoy concurrent jurisdiction with an international tribunal that enjoyed primacy. Though rooted in fundamentally different assumptions, we suggest that there is convergence between the primacy principle of the ad-hoc tribunals, under which national jurisdictions may at any stage of their criminal procedures be formally requested to defer to the competence of the international court, and the principle of complementarity at the International Criminal Court ("ICC") which essentially reverses the top down relational model in favour of a bottom up approach. With the shift to complementarity, which governs at the permanent ICC, the international court is not entitled to step in to a domestic jurisdiction to investigate or prosecute the core atrocity crimes unless the State is inactive, unwilling and or unable to prosecute. We argue that a creative approach to the interpretation and application of the complementarity principle offers the ICC an opportunity to learn from the ICTR's rich Rule 11 bis experience. By taking a nuanced approach that articulates the minimum standards that domestic jurisdictions of situation countries must fulfill for cases to be rendered inadmissible at the permanent court in The Hague, the ICC could help "bring up" the standards in domestic courts and to also potentially stimulate deep legal reforms at the national level.
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Testamentary Proceedings in Spanish East Florida, 1783-1821
Matthew C. Mirow
The East Florida Papers in the Library of Congress reveal a great deal about law, legal institutions, legal practice, and legality in colonial Florida during the second Spanish period from 1783 to 1821. This contribution provides an initial study of the 372 testamentary proceedings related to 168 decedents recorded in these papers. It describes these cases and discusses the dossier of one case to illustrate the administrative and legal work done by Spanish officials to distribute a decedent's property. Proceedings include individual claims for debts against estates; sets of documents related to the administration of estates such as wills, inventories, birth records, and marriage records; and a variety of petitions dealing with administration and the distribution of property. The materials provide a window into will making, family life and structure, commerce, women, and accidental and suspicious deaths. Numerous petitions sought the disposition, transfer, and manumission of slaves. The contribution concludes with a description and analysis of the documents related to the estate of Pedro Dimarache, a Corsican carpenter who died testate in St. Augustine in 1792.
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The Cadiz Constitution in Cuba and Florida
Matthew C. Mirow
This chapter seeks to provide new insights into the promulgation and effect of the Constitution of Cádiz in Cuba and Florida. While Havana and St. Augustine were both part of Spain’s expansive Caribbean colonies, St. Augustine was militarily, politically, and economically dependent on Cuba during the early nineteenth century. The two locales were socially quite different: Havana was wealthy, closely tied to the peninsula, and replicated the common aspects of Spanish colonial society. By the early decades of the nineteenth century, St. Augustine outside its fort, the Castillo de San Marcos, was poor, sparsely populated, and socially mixed. This lack of resources and personnel led St. Augustine to modify or to improvise when complying with the Constitution. Despite these accommodations, St. Augustine was quite careful to carry out the legal requirements of the Constitution and to establish and to use the required constitutional institutions and procedures. The Floridanos of St. Augustine felt themselves to be as profoundly Spanish as their Cuban counterparts to the south who were able to comply more exactly with the dictates of the Constitution and its procedures. Both cities and regions appear to have appropriated the Constitution deeply into their political structures. They both promulgated the Constitution several times and established constitutional institutions in light of the guiding provisions. Only recently have scholars recognized the extent of the second promulgation of the Constitution of Cádiz in St. Augustine in 1820 and of the third promulgation of the Constitution in Santiago de Cuba in 1836. This contribution will examine the effect of the decrees of the Cortes, the promulgation and implementation of the Constitution of Cádiz, and the varied responses to revocation and re-promulgation of the Constitution in both locations.
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Latin American Constitutions : The Constitution of Cádiz and its Legacy in Spanish America
M. C. Mirow
Latin American Constitutions provides a comprehensive historical study of constitutionalism in Latin America from the independence period to the present, focusing on the Constitution of Cádiz, a foundational document in Latin American constitutionalism. Although drafted in Spain, it was applied in many regions of Latin America, and deputies from America formed a significant part of the drafting body. The politicization of constitutionalism reflected in Latin America's first moments proved to be a lasting legacy evident in the legal and constitutional world of the region today: many of Latin America's present challenges to establishing effective constitutionalism can be traced to the debates, ideas, structures, and assumptions of this text. This book explores the region's attempts to create effective constitutional texts and regimes in light of an established practice of linking constitutions to political goals and places important constitutional thinkers and regional constitutions, such as the Mexican Constitution of 1917, into their legal and historical context.
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Poverty and Financial Regulation: Socioeconomic Human Rights in the Obama Era
Hannibal Travis
By adopting sensible economic policies over the past several decades, Germany and Japan have reduced their unemployment rates without sacrificing the health or financial well-being of their populations. Japan's unemployment rate is less than 5%, and Germany's is less than 7.5%, while the U.S. rate [at the time of this writing-2012] is over 9%. Their legal tools for achieving these levels include: ( 1) consideration of the interests of workers when executives plan mass layoffs, and direct action to create jobs; (2) creation of a healthy and well-educated workforce; ( 3) preservation of an industrial base that in- . eludes a vibrant manufacturing sector, by shifting many of the costs of supporting workers and their families from employers onto the government; and ( 4) taxation of goods and services imported from abroad, rather than mainly taxing domestic but not foreign producers' incomes.
Author updated from version originally published in Poverty & Public Policy, 3.3 (2012).
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Preventing religious genocide: from the war in Biafra to the torture convention
Hannibal Travis
This volume explores dynamic conversations through history between individuals and communities over questions about religion and state. Divided into two sections, our authors begin with considerations on the separation of religion and state, as well as Roger Williams’ concept of religious freedom. Authors in the first half consider nuanced debates centered on emerging narratives, with particular emphasis on Native America, Early Americans, and experiences in American immigration after Independence. The first half of the volume examines voices in American History as they publicly engage with notions of secular ideology. Discussions then shift as the volume broadens to world perspectives on religion-state relations. Authors consider critical questions of nation, religious identity and transnational narratives. The intent of this volume is to privilege new narratives about religion-state relations. Decentering discussions away from national narratives allows for emerging voices at the individual and community levels. This volume offers readers new openings through which to understand critical but overlooked interactions between individuals and groups of people with the state over questions about religion.
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Las Ficciones del Derecho Latinoamericano
Jorge L. Esquirol
Reseña escrita por el Profesor Diego Lopez Medina sobre el libro "Las ficciones del derecho latinoamericano" escrito por Jorge L. Esquirol: Como descubrirá el lector a lo largo del ibro, las ficciones que describe el profesor Esquirol son fundamentalmente dos. En primer lugar, que el derecho latinoamericano es concebido como una mera proyección del europeo y, en segundo lugar, que el derecho latinoamericano, no importa cuánto lo intente, continúa siendo un esfuerzo social fallido porque casi nunca cumple adecuadamente con las funciones básicas del derecho que sí se satisfacen en sociedades "bien ordenadas". La primera de estas ficciones proviene de la construcción del derecho comparado clásico en la primera mitad del Siglo XX; la segunda, es propia del derecho y de las políticas públicas comparadas de los últimos 50 años. Ambas mantienen indudable vigencia y el propósito de Esquirol, en estas páginas, es diseccionarlas vivas para ver si logramos comprender su funcionamiento y neutralizar su poder. Para lograr dichos objetivos, este libro resulta ser un aporte esencial dentro de las ciencias jurídicas de la actualidad: la lectura de la obra de Esquirol es imprescindible para entender la posición estructural de Latinoamérica en el Derecho y las políticas comparadas contemporáneas y nos ofrece un camino para repensarnos en el mapa global del derecho y para superar ideas que han dominado por tanto tiempo.
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Regulation of Derivative Financial Instruments (Swaps, Options and Futures) : Cases and Materials
Ronald H. Filler and Jerry W. Markham
As a result of the Dodd-Frank Act Wall Street Reform and Consumer Protection Act of 2010, derivatives regulation has become a hot topic on Wall Street and is, therefore, of much interest to law firms with financial institutions as clients. An increasing number of classes on this subject are being taught at law schools around the country, but, to date, there has been no casebook on the subject. This casebook explores the regulation of swaps, futures and options by the Commodity Futures Trading Commission and the Securities and Exchange Commission. It examines the regulatory history of derivative instruments and traces the development of modern market structures while addressing the role of the exchanges, the clearinghouses, and market participants, such as futures commission merchants, swap dealers, and hedge funds that act as commodity pool operators. Structured in a traditional format, this casebook uses cases to teach students important points of law and industry practices needed to understand the role played by derivative instruments in modern finance. The cases are accompanied by commentary from the authors expanding on the points raised in the cases.
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Versions of academic freedom from professionalism to revolution
Stanley Fish
Analyzes various arguments for the value of academic freedom: Is academic freedom a contribution to society's common good? Does it authorize professors to critique the status quo, both inside and outside the university? Does it license and even require the overturning of all received ideas and policies? Is it an engine of revolution?
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The Rise of Risk-based Regulatory Capital: Liquidity and Solvency Standards for Financial Intermediaries
Jose Gabilondo
In a capitalist economy, a private firm seeking finance must negotiate with prospective investors in the open market, which establishes standards about the terms on which debt and equity investment will be forthcoming. In addition to these market-financing standards, the capital structure of some financial firms—particularly broker-dealers, federally insured depository institutions, and insurance companies—must satisfy other requirements imposed by federal or state regulators to promote liquidity and solvency. Regulators take a heightened interest in these firms because they serve a public function in providing credit and other financial services. To grasp what regulatory capital rules try to accomplish, the reader must make a conceptual shift to see these financial firms as highly leveraged borrowers, contending with the demands of their own creditors. From this perspective, the financial stability of these firms becomes a matter of public concern. The first section explains regulatory capital as a corporate finance issue about how capital structure can protect creditors—especially unsecured ones – from unexpected financial losses. The rest of the chapter examines the major features of the regulatory capital regimes that apply to financial intermediaries. The second section starts with depository institutions, i.e., banks. These standards have become the locus of policy debates about risk-based capital. The third section discusses the regulatory capital rules that apply to broker-dealers registered with the U.S. Securities and Exchange Commission (“SEC”).1 Broker-dealers have long been subject to net capital rules that promote the firm’s liquidity in order to promote orderly self-liquidation. More recently, large broker-dealers have been allowed to adopt a risk-based method—akin to that used in bank capital—for meeting their net capital requirements. The fourth section considers insurance companies, which adhere to risk-based capital standards imposed by state law. The fifth section warns that large, complex financial organizations may find themselves inadvertently subject to bank-style capital rules if deemed “systemically important” by the newly created Financial Stability Oversight Council (“FSOC”).
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The Rise of Risk-Based Regulatory Capital : Liquidity and Solvency Standards for Financial Intermediaries
Jose M. Gabilondo
This essay traces the risk of risk-based capital standards for regulated financial intermediaries. In a capitalist economy, a private firm seeking finance must negotiate with prospective investors in the open market, which establishes standards about the terms on which debt and equity investment will be forthcoming. In addition to these market financing standards, the capital structure of some financial firms – particularly broker-dealers, federally insured depository institutions, and insurance companies- must also satisfy other requirements imposed by federal or state regulators to promote liquidity and solvency. Regulators take a heightened interest in these firms because they serve a public function in providing credit and other financial services. Part I explains regulatory capital as a corporate finance issue about how capital structure can protect creditors – especially unsecured ones - from unexpected financial losses. The rest of the chapter examines the major features of the regulatory capital regimes that apply to financial intermediaries. Part II starts with depository institutions, i.e., banks. These standards have become the locus of policy debates about risk-based capital. Part III discusses the regulatory capital rules that apply to broker-dealers registered with the U.S. Securities and Exchange Commission. Broker-dealers had long been subject to net capital rules that promote the firm's liquidity so as to promote orderly self-liquidation. More recently, large broker-dealers have been allowed to adopt a risk-based method – akin to that used in bank capital – for meeting their net capital requirements. Part IV considers insurance companies, which adhere to risk-based capital standards imposed by state law. Part V warns that large, complex financial organizations may find themselves inadvertently subject to bank-style capital rules if deemed 'systemically important' by the newly created Financial Stability Oversight Council (FSOC).
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Dusty Order: Law Enforcement and Participant Cooperation at Burning Man
Manuel A. Gomez
Media depictions of Burning Man focus on the picturesque and eccentric appearance of the weeklong affair. The event is sometimes misportrayed as a lawless environment where participants are encouraged to engage in rowdy behavior. Most carnivalesque events offer an escape from reality and are generally thought to enable unruly conduct. Despite stereotypes, Burning Man is a different beast. Not only is the crime rate in Black Rock City lower than any other city of comparable size, but Burners show a high level of cooperative and law abiding behavior that helps maintain the social order without depending on official means of external social control. Looking at the interplay between the Black Rock Rangers, law enforcement agencies and participants themselves helps clarify how this works.
"Helping lost souls to find their way home": the Black Rock Rangers.
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First Amendment Law: Freedom of Expression and Freedom of Religion, 3rd ed.
Arthur D. Hellman, William D. Araiza, and Thomas E. Baker
This casebook rests on a straightforward premise: The First Amendment can be viewed as history, as policy, and as theory, but from a lawyer's perspective, it is above all law-albeit a special kind of law. One thing that is special is that the governing texts have receded into the background. The law is the cases, and the cases are the law. Close analysis of precedent is therefore the principal tool of argumentation and adjudication. The purpose of this casebook is to help students to learn the law in a way that will enable them to use it in the service of clients. Several features of the book promote this goal. The cases are edited with a relatively light hand. Notes and questions provide guidance in working with the opinions. The structure of the book-closely tracking the structure that the Supreme Court has imposed-helps to reinforce learning. Non-case materials (including drafts and memoranda from the Justices' private papers) are used to shed light on what was established by existing precedents and how a new decision changes (or does not change) the law. By giving primacy to the Justice' won words and the Court's own doctrinal structure, the book offers maximum flexibility for teachers to place their own imprint on the course.
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Prosecuting Those Bearing "Greatest Responsibility": The Contributions of the Special Court for Sierra Leone
Charles C. Jalloh
The Special Court for Sierra Leone ("SCSL” or "the Court") was established through a bilateral treaty between the United Nations (UN) and the government of Sierra Leone signed on January 16, 2002. The SCSL’s jurisdiction ratione materiae included crimes against humanity war crimes, other serious violations of international humanitarian law, as well as various offenses under Sierra Leonean law prohibiting the abuse of underage girls, wanton destruction of property, and arson. Although the Sierra Leonean conflict started in March 1991, the jurisdiction ratione temporis only covers the crimes perpetrated after November 30, 1996. This means that, over the objections of the national authorities, the international community, as represented by the UN, only supported prosecution of the atrocities committed during the second half of the conflict. With respect to ratione loci jurisdiction, the Court was authorized to prosecute the crimes that occurred within the territory of Sierra Leone. Given the SCSL’s limited subject matter, temporal, and territorial jurisdiction, it is evident that the UN's goal was to establish an ad hoc tribunal with a narrower and more focused mandate compared to the International Criminal Tribunals for the former Yugoslavia and Rwanda (ICTY and ICTR). The ICTY and ICTR were created by the Security Council (“UNSC” or "the Council") in 1993 and 1994, respectively, partly as ways of addressing the threats to international peace and security caused by genocide in the Balkans and in East Africa.
Article 1(1) of the UN-Sierra Leone Agreement, and its annexed statute, defined the Court's ratione personae jurisdiction - that is, the "power to bring a person into its adjudicative Process.” It gave the SCSL competence in the following terms: "to prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law ... including those leaders who, in committing such crimes, have threatened the establishment of and implementation of the peace process in Sierra Leone.”
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A Positive (Not Perfect) Legacy
Charles Chernor Jalloh
The Special Court for Sierra Leone (SCSL) is the third modern international criminal tribunal supported by the United Nations and the first to be situated where the crimes were committed. This timely, important, and comprehensive book is the first to critically assess the impact and legacy of the SCSL for Africa and international criminal law. The collection, containing 37 original chapters from leading scholars and respected practitioners with inside knowledge of the tribunal, analyzes cutting-edge and controversial issues with significant implications for international criminal law and transitional justice. These include joint criminal enterprise; the novel crime against humanity of forced marriage; the war crime prohibiting enlisting and using child soldiers in the first court to prosecute that offense; the prosecution of the war crime of attacks against United Nations peacekeepers in the first tribunal where this offense was prosecuted; the tension between truth commissions and criminal trials in the first country to simultaneously have the two; and the questions of whether it is permissible under international law for states to unilaterally confer blanket amnesties to local perpetrators of universally condemned international crimes, whether the immunities enjoyed by an incumbent head of a third state bars his prosecution before an ad hoc treaty-based international criminal court, and whether such courts may be funded by donations from states without compromising judicial independence.
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Assessing the Legacy of the Special Court for Sierra Leone
Charles Chernor Jalloh
The Special Court for Sierra Leone (SCSL) is the third modern international criminal tribunal supported by the United Nations and the first to be situated where the crimes were committed. This timely, important, and comprehensive book is the first to critically assess the impact and legacy of the SCSL for Africa and international criminal law. The collection, containing 37 original chapters from leading scholars and respected practitioners with inside knowledge of the tribunal, analyzes cutting-edge and controversial issues with significant implications for international criminal law and transitional justice. These include joint criminal enterprise; the novel crime against humanity of forced marriage; the war crime prohibiting enlisting and using child soldiers in the first court to prosecute that offense; the prosecution of the war crime of attacks against United Nations peacekeepers in the first tribunal where this offense was prosecuted; the tension between truth commissions and criminal trials in the first country to simultaneously have the two; and the questions of whether it is permissible under international law for states to unilaterally confer blanket amnesties to local perpetrators of universally condemned international crimes, whether the immunities enjoyed by an incumbent head of a third state bars his prosecution before an ad hoc treaty-based international criminal court, and whether such courts may be funded by donations from states without compromising judicial independence.
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Comparative Analysis of Global Securities Regulation
Jerry W. Markham
This chapter will compare the "functional" system of regulation in the United States with the single regulator and "twin peaks" approaches used elsewhere. Under "functional" regulation, different regulators are appointed to regulate particular financial services, even if the same firm offers those services. This has resulted in much overlap and regulatory conflict in the U.S., and proved to be troublesome during the Financial Crisis in 2008. Although elsewhere in the world financial services regulation is mostly consolidated into a single regulator, that model also proved to be wanting during that crisis. That the functional regulatory system in the U.S. was flawed should not have been a surprise. It is a haphazard system that is not the result of a design or reasoned blueprint. Rather, it is a set of accumulated responses to a long history of financial crises, scandals, happenstance, personalities, and compromises among a broad and competing array of industry and governmental bodies.
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Fraud, Manipulation and other Prohibited Practices
Jerry W. Markham
The federal securities laws seek to prohibit fraud manipulation and other abuses associated with securities transactions. The most prominent of these prohibitions is found in Section l0(b) of the Securities Exchange Act of 1934 (the "34 Act") and Rule l0b-5 promulgated thereunder by the Securities Exchange Commission ("SEC"). There are, however, additional anti-fraud provisions in others of the so-called federal securities laws, including the Securities Act 1933 (the "33 Act") and the Investment Advisers Act of 1940 (the "1940 Act"). This chapter will focus principally upon Section l0(b) of the 34 Act, but it will also more briefly describe the anti-fraud provisions in the 33 and 1940 Acts.
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Law Enforcement and the History of Financial Market Manipulation
Jerry W. Markham
Price manipulation techniques are intentionally difficult to understand, detect, and prove, and the rise of high-frequency trading has further complicated the task. This book maps the issues and traces the U.S. government's efforts to properly regulate, monitor, and prevent financial speculation and price manipulation in various markets. The coverage begins with the period from the late nineteenth century to the first congressional efforts at regulation in the 1930s and continues on to the present, with a full chapter on the legal and financial aspects of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. All the U.S. financial institutions involved with such regulation--the most prominent of which are the Securities and Exchange Commission created in 1934 and the Commodity Futures Trading Commission created in 1974--are discussed here in detail. Also covered are major financial imbroglios such as the Enron scandal and the ill-timed speculation in natural gas prices that brought down the Amaranth Advisors hedge fund. The last chapter discusses the difficulty of initiating successful prosecutions of financial fraud and price manipulation and proposes a new approach to preventing manipulative practices.
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Regulation of Derivative Instruments
Jerry W. Markham
This chapter will focus on the regulation of derivative instruments by the Commodity Futures Trading Commission ("CFTC") under the Commodity Exchange Act of 1936 ("CEA") and the Securities and Exchange Commission ("SEC") under the federal securities laws. This chapter will describe and define the various derivative instruments that are subject to regulation under those regulatory schemes. This chapter also describes various aspects of the regulation of derivative instruments and compares the regulatory schemes of the CFTC and SEC. The jurisdiction of those two agencies is increasingly overlapping, but their regulatory structures have significant differences in providing customer protection and in the regulation of industry participants. This chapter will further describe amendments to the CEA by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank Act"). The Dodd-Frank Act broadly regulated over-the counter instruments such as swaps that had previously been unregulated. Dodd-Frank divided regulatory jurisdiction over those instruments between the SEC and CFTC.
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The Federal Securities Laws - An Overview
Jerry W. Markham
This fascinating Handbook provides a clear explanation of the securities market regulation regime in the United States. A diverse set of contributors offer a comprehensive overview of the regulatory process, Dodd-Frank, the principal securities statutes, and the regulators and market participants involved. In addition to a general summary of the topic, this volume provides detailed explanations of the process for registering securities, exemptions from registration, secondary distributions, and the underwriting process.
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Corporate Governance and the Regulation of Mergers and Acquisitions
Jerry W. Markham and Rigers Gjyshi
The first part of the chapter addresses provisions in state and federal securities laws that regulate corporate governance. This includes restrictions on boards of directors and executive managers. The second part addresses requirements in state and federal securities laws governing mergers and acquisitions of corporations. It focuses on a discussion of the Williams Act, which is the federal law (along with applicable SEC regulations) that regulates corporate takeovers through tender offers.
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Codification and the Constitution of Cádiz
Matthew C. Mirow
This study seeks to explore the private law side of the Constitution of Cádiz, in particular its use and reference to the legal revolution of codification that was well underway by 1812. By engaging questions of codification and private law, this study explores the relationship between private law and public law at a transformative moment in both areas. In public law, unwritten, ancient constitutions were just beginning to be replaced by written constitutions attempting to limit government and to define individual rights. In private law, centuries of the ius commune tradition were being reorganized and shaped into codes. Thus, an examination of the idea and place of codification in the Constitution of Cádiz should reveal clues about these important changes. First, this study discusses the placement of Article 258, the constitutional article referring to codes, within the text of the Constitution itself. It then addresses other aspects of the Constitution that point towards codification as a logical outgrowth of the political and legal transformations contemplated by the Constitution. The third topic addressed here is the way Article 258 came into the Constitution through the reports of the debates in the Cortes and what these statements reveal about the perception of codes at the Cortes. This study ends with some concluding comments about the place of the Constitution of Cádiz in the history of Latin American codification.
