Pombalismo, desenvolvimento económico e despotismo esclarecido no Portugal do séc. XVIII: a aplicação em Portugal de leis estrangeiras em matérias políticas, económicas, mercantis e marítimas segundo a lei da boa razão (lei de 18 de agosto de 1769)

Translated title of the contribution: Pombalism, economic development and enlightened despotism in XVIIIth Century Portugal: the application in Portugal of foreign laws in political, economic, mercantile and maritime matters according to the law of good reason (law of august 18, 1769)

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Abstract

The “Enlightened Portugal” of the time of Sebastião José de Carvalho e Melo, Count of Oeiras (1759) and Marquis of Pombal (1770), corresponds to the period in which he served as Secretary of State for Foreign Affairs and War (1750-1756) and Secretary of State for the Affairs of the Kingdom (1756-1777) during the reign of King José I (1750-1777). Having also served as Ambassador to Great Britain (1739-1743) and to Austria (1744- 1749), Pombal assumed himself as a “estrangeirado”, that is, as a defender of a worldview favourable to foreign countries and to the influence of foreign ideas in Portugal, supporting enlightened and progressist leaning administrative, educational, ecclesiastical and economic reforms. As the example of the Frenchman Jácome Ratton, member of the Board of Trade (Junta de Comércio) shows, Pombal clearly distinguishes between foreigners necessary for the development of the Kingdom of Portugal and those who are not. With the expansion of the Portuguese commerce favored by the foundation of chartered companies under regimes of monopoly it would thus be possible to dispense with the British intermediates based in Portugal, thus advancing the fight against the situation of semi-colonial dependency towards Great Britain that came from the time of the treaty concluded with the Republic of Oliver Cromwell (1654). The fight against Great Britain itself was not an issue, but the construction of a more balanced model of relations between Great Britain and the Kingdom of Portugal, without economic dependence of the latter in relation to the former. The concern for economic development is one of the most impressive features of the Pombalism. In fact, significant legislative changes were introduced with the goal of bringing Portugal closer to the most developed countries. In this context, the reform of the system of sources of law established by the Ordenações Filipinas (1603), in force at that time, was felt necessary in order to ensure the application in the Kingdom of Portugal of a Roman Law in accordance with the ideals of enlightened reason, of Good Reason, namely the Good Reason established in the Political, Economic, Mercantile and Maritime Laws enacted by the Christian Nations. On the other hand, in Political, Economic, Mercantile and Maritime issues, the legislator goes further and removes the subsidiary application of the Roman Law, opting for the subsidiary application of the «Laws of the Christian, enlightened, and Polished Nations».
Translated title of the contributionPombalism, economic development and enlightened despotism in XVIIIth Century Portugal: the application in Portugal of foreign laws in political, economic, mercantile and maritime matters according to the law of good reason (law of august 18, 1769)
Original languagePortuguese
Pages (from-to)2895-2921
JournalBoletim de Ciências Económicas
Volume64
Publication statusPublished - 2023

Keywords

  • Pombalism
  • Economic development
  • Law of the good reason (law of August 18, 1769)
  • Political, economic, mercantile and maritime laws
  • Christian, enlightened, and polished nations

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