Latin American Law
> Pre-Columbian law
> Incans and Aztecs
Last updated 27 Sep 11
Pre-Columbian
Latin America …
Government structure …
The people of LatAm found themselves ruled
by home-grown monarchy then by another
imported from Europe.
Jim Rodden
Quetzacoatl
God
Sun
Aztec King
Pope
Inca
Nobility (Toltec blood)
Tlalocan
(Council 12-20 nobles)
Alexander VI (1492)
King
Apocunas
Regional Governors
Nobility
(Spanish / Portuguese)
Calpixque
(local Aztec governors)
Calpulli
Royal Councils
Provincial Governors
(Junta de Burgos)
Conquistadores
(groups of 50-500 families
Family
units
T’oqrikoq
Subject
s
Subjects
Ethnic leaders
Hunu (10,000) / Chunca (10)
Family
units
Nobility
Quetzacoatl
God
Sun
Aztec King
Pope
Inca
(Toltec blood)
Alexander VI (1492)
Tlalocan
(Council 12-20 nobles)
King
Apocunas
Regional Governors
Nobility
(Spanish / Portuguese)
Calpixque
(local Aztec governors)
Calpulli
Royal Councils
Provincial Governors
(Junta de Burgos)
Conquistadores
(groups of 50-500 families
Family
units
T’oqrikoq
Subject
s
Subjects
Ethnic leaders
Hunu (10,000) / Chunca (10)
Family
units
Crime and punishment …
Aztec style
Crime
Punishment
Adultery
Death (by stoning but not men
with single woman)
Commoner wearing cotton clothing
Death (strangulation or beating)
Cutting down a living tree
Death
Drunkenness
1st Offense - Head Shaved
House Destroyed
2nd Offense - Death
Handling Stolen Property
Sold into Slavery
Moving a Field Boundary
Death
.
Crime
Punishment
Kidnapping
Sold into Slavery
Selling substandard goods
Loss of Property
Major Theft
Death (by strangulation)
Minor Theft
Sold into Slavery
Treason
Death, Loss of Property,
Destruction of Land,
Children Sold into Slavery
.
Questions from readings …
Requerimiento / Leyes de Burgos
1: The Indians are to be removed from their
land and placed into encomiendas.
2: The Indians will leave their land voluntarily
to come to the encomiendas.
3: The citizen to whom the Indians are given
must erect a structure to be used as a
church. In the church must be a picture of
Our Lady and a bell with which to call the
Indians to prayer time.
4: To make sure the Indians are learning
Christianity properly, they shall be tested
every two weeks and taught what they do
not know by the Encomendero. He shall
teach them the Ten Commandments, the
Seven Deadly Sins, and the Articles of
Faith.
5: A church will be built equidistant from all
estates. On Sundays, Mass shall be
observed and a feast will be eaten.
Assimilating conquered peoples were never
addressed by the British
Jim Rodden / Winslow Taylor
Basic features of Aztec law (written code, predetermined punishments,
specialized courts, availability of counsel, evidentiary rights … come
from basic nature of justice, not cultural similarities
Winslow Taylor
Aztecs codified the laws that were important to them: on
commerce and military.
Jim Rodden
Are
slaves/natives
human?
Justinian Digest
III. De condicione
hominum.
9. Et quidem summa
divisio de iure
personarum haec est,
quod omnes homines
aut liberi sunt aut servi
Queen Isabella
Las Leyes de Las Indias
Hernán Cortés
Doña Marina (la Malinche)
Modern LatAm indigenous issues …
Liberation theology
Peru, Colombia, Mexico
Zapatistas
(2003)
End
Samis
Panama
Chibchan / Chocoan / Cueva
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