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There is, in Latin America, a general culture of non-observance of the law that has not been studied at length. In order to offer a historical perspective on the roots of this phenomenon, the article follows the development of the law and legal institutions during the colonial period and independence. Both periods show a divergence between the legal archetype that was sought to be implemented and the way that political and legal relationships actually developed in the American territory. This trait is particularly evident during the period of transition toward independence, in which the Enlightenment discourse was used to justify the rebellion against Spain and the creation of independent states, rather than to transform social structures and to include all individuals as rightful citizens of the new states.

Apuntes sobre codificación y costumbre en la historia del derecho colombiano