For Whom the Legal Institutions Are For?

Postdoctoral researcher Henri Hannula’s project explores state formation in late nineteenth-century Northeastern Brazil.

Henri Hannula’s project at the Rule of Law Centre funded by Jenni and Antti Wihuri Foundation, explores the conditions and consequences of societal transformation in postcolonial contexts. At the heart of the study is the northeastern Brazilian state of Pernambuco—a region marked by deep historical ruptures and continuities. The project focuses particularly on the period of profound change following the abolition of the Brazilian Empire.

Navigating Complexity Through Conceptual Frameworks

The research draws, among others, on the theoretical framework of Brazilian legal scholar Marcelo Neves. As Neves argues, the discrepancy between the formal existence of legal norms and their practical implementation is a defining feature of what he terms peripheral modernity. His analyses illustrate how, in such contexts, the rule of law functions primarily as a form of symbolic constitutionalism: although legal rights are formally enshrined in law, they are often ineffectively implemented and remain disconnected from the everyday realities of much of the population. 

This perspective aligns with institutionalist economic analyses—such as those by Daron Acemoğlu and James Robinson—which underscore the pivotal role of inclusive institutions in fostering societal development, including the rule of law.

However, understanding institutional change requires historical depth. Trained originally as an economic historian of early modernity, Hannula brings legal and social theory into dialogue with historical archival research.

- The growing body of global legal history that underscores the enduring influence of colonial legal order well beyond formal independence: In Latin America, premodern normativities persisted long after the colonial era had formally ended and modern states had been founded, Hannula says.

- Economic historians, on the other hand, have long been interested in the development trajectories of societies and the structural traps that hinder economic growth, he adds.

These perspectives have long been of interest to Hannula, ultimately leading him to explore the development of institutions in a country like Brazil.

The Fragile Unity of the Brazilian Empire

Unlike its Spanish-speaking neighbors, Brazil did not fragment into multiple states after independence. Instead, the Empire of Brazil (1822–1889) maintained territorial unity by building on colonial administrative structures and patronage networks. Despite regional uprisings, the empire remained intact—though deeply divided by geography, economy, and social structure. Political reforms—most notably the end of the monarchy—unfolded in markedly different ways across Brazil’s provinces.

While national-level political dynamics—such as ruling elite coalitions and patronage networks—have been extensively examined, there remains significant potential to deepen our understanding of how these reforms were interpreted, negotiated, and enacted within local contexts.

Although national reforms were formally implemented, Hannula’s research examines how in Pernambuco—Brazil’s oldest state—the legacy of plantation slavery and latifundia agriculture gave rise to distinct local expressions of these changes. The project investigates how economic conditions shaped the implementation of legal change—and how these changes, in turn, produced unintended consequences for social development.

Archival Research as the Groundwork for Interpretation

The empirical foundation of the project lies in archival research to be conducted in Brazil. By situating legal and institutional analysis within specific socio-historical contexts, the research aims to illuminate the structural constraints on institutional development in historical peripheral modernity. It further contributes to broader debates on how legal and economic institutions are historically shaped by elite coalitions, clientelist networks, and enduring patterns of exclusion.