Abstract

CASAGRANDE, Agustín E. La isla de Morán entre el dominio privado y el estado del común (Buenos Aires, 1823). Rev. hist. derecho [online]. 2014, n.48, pp.1-32. ISSN 1853-1784.

The present essay analyzes the relationship between two different discourses that were in dispute at the beginning of the decade of the 20th, under the problem of the "property of scrubs" in the Morán Island, localized in the Partido de Las Conchas (Buenos Aires). In a dialog between a vision protective towards the Mount as possession of the "common" against the reclaims of some neighbors that wanted the private property of them, the interventions of the political authorities –Juez de Paz and Procurador de la Provincia-allow to recover old traditional senses inscribed in the principles of the "Derecho Indiano", through new interpretations (at this point, this work follow the classical work by Mariluz Urquijo). From then on, it will emerge a defense that will take under consideration not anymore the conception of the bond between the land and men, but it would take under consideration the protection of the province economy, the individual men, and the projection of a new spatial organization. In that crossover, the legal literature works as a crucial source to understand the conceptions of property in a transitional period. Therefore, the reconstruction of legal thinking from a judicial praxis will imply the reconsideration of the progressive abstraction of the spatial experience of territory in Buenos Aires.

Keywords : Defense of the common; Property of Mounts; Striders; Justicia de Paz; Territory.

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