Fictio Juris and the legal construction of wine: Natural vs. artificial in Spanish law (1860–1932)
Year: 2025
Type: article
Abstract: This paper explores the development of Spanish wine legislation between 1860 and 1932, focusing on the concept of fictio juris, a legal fiction that defines wine as a product derived solely from grape fermentation while permitting additives that alter its composition. The period covers Spain’s transformation from legitimizing artificial wines to their prohibition, then moving towards more nuanced debates about permissible additives. By analyzing legal texts and debates from the period, the paper reveals how laws surrounding wine production reflected broader tensions between industrialization, tradition, and public health. The fictio juris created a paradox in which industrial winemaking practices coexisted with the legal definition of wine as ‘natural,’ embodying the malleability of legal categories in shaping cultural and economic imperatives. This legal fiction continues to influence contemporary wine laws and debates around authenticity in the natural wine movement. The paper contributes to a deeper understanding of how legal frameworks in food production mediate between cultural values, economic interests, and the quest for authenticity.
Source: Cogent Arts and Humanities
Author: Pablo Alonso González
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
Estimated APC paid: $1,165
OpenAlex ID: W4408846954