Towards a constitutional sociology of property rights:

Abstract

The article examines the emergence of modern social structures of property rights and their constitutional implications during the formation of world society. While European history has addressed this topic regionally, the process of modernization in colonial and postcolonial contexts, along with its global connections, remains underexplored. This work combines theoretical reflections from the literature on the sociology of constitutions with historiographical research on the formation of modern property rights in Europe and its colonies. It argues that the property structure of colonial Brazil is decisive for social cleavages and the social reproduction of exclusion in the later period. Due to the role land played in the constitution of power and privileges in the colonial times, postcolonial elites remain tied to the land. This results in no considerable and powerful sectors within postcolonial elites, unlike the Central and Northern European context, being interested (and strong enough) to break with the exclusionary social hierarchies inherited from the old regime. The old elite tied to land was also the new elite of independent Brazil.