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Empire of Law and Indian Justice in Colonial Mexico shows how Indian litigants and petitioners made sense of Spanish legal principles and processes when the dust of conquest had begun to settle after 1600. By juxtaposing hundreds of case records with written laws and treatises, Owensby reveals how Indians saw the law as a practical and moral resource that allowed them to gain a measure of control over their lives and to forge a relationship to a distant king. Several chapters elucidate central concepts of Indian claimants in their encounter with the law over the seventeenth century--royal protection, possession of property, liberty, notions of guilt, village autonomy and self-rule, and subjecthood. Owensby concludes that Indian engagement with Spanish law was the first early modern experiment in cosmopolitan legality, one that faced the problem of difference head on and sought to bridge the local and the international. In so doing, it enabled indigenous claimants to forge a colonial politics of justice that opened up space for a conversation between colonial rulers and ruled.
Brian P. Owensby is Associate Professor in the University of Virginia's Corcoran Department of History. He is the author of Intimate Ironies: Modernity and the Making of Middle-Class Lives in Brazil (Stanford, 1999).
As Western Europe expanded its empires in the sixteenth and seventeenth centuries, it came to dominate many peoples, especially in America, whose cultures and legal systems differed dramatically from its own. The resulting conflicts of both law and custom posed difficult problems: How could these conflicting laws and customs be adjusted within a common political administration? And, in particular, how could legal remedy be provided for groups of lesser political weight? Woodrow Borah vividly depicts one of the more unusual institutions that arose in response to these problems--the General Indian Court of New Spain. In what is today Mexico, the conquering Spaniards had at first attempted to preserve such Indian customs as were deemed not contrary to reason or Christianity. However, as interpreted by Spanish judges, so much turned out to be "contrary" to these standards that native customs were soon recast in largely Spanish norms. At the same time, the conquered Indians discovered the uses of the Spanish courts, unleashing a flood of litigation. The ensuing social and economic upheaval sparked great concern among Spanish administrators and jurists. The result was the establishment of the General Indian Court, a remarkably innovative special jurisdiction vested in the viceroy and corps of legal aides. Expenses were paid from a small contribution by each Indian family--in effect, legal insurance. Woodrow Borah analyzes the kinds of cases that came before this court, the decisions it reached, and the policies underlying these decisions. He enriches this study by examining the separate but parallel structures in the Yucatan peninsula and on the seigneurial estate of Hern�n Cort�s, and by comparing the General Indian Court to the tribunals of Guadalajara, which had no similar special arrangements. The development of the General Indian Court and the relation of the legal aides to their Indian clients and to other lawyers form a complicated story of both service and exploitation and contribute an important chapter to the history of colonial Mexico.
In the sixteenth century, silver mined by native peoples became New Spain's most important export. Silver production served as a catalyst for northern expansion, creating mining towns that led to the development of new industries, markets, population clusters, and frontier institutions. Within these towns, the need for labor, raw materials, resources, and foodstuffs brought together an array of different ethnic and social groups—Spaniards, Indians, Africans, and ethnically mixed individuals or castas. On the northern edge of the empire, 350 miles from Mexico City, sprung up Zacatecas, a silver-mining town that would grow in prominence to become the "Second City of New Spain." Urban Indians in a Silver City illuminates the social footprint of colonial Mexico's silver mining district. It reveals the men, women, children, and families that shaped indigenous society and shifts the view of indigenous peoples from mere laborers to settlers and vecinos (municipal residents). Dana Velasco Murillo shows how native peoples exploited the urban milieu to create multiple statuses and identities that allowed them to live in Zacatecas as both Indians and vecinos. In reconsidering traditional paradigms about ethnicity and identity among the urban Indian population, she raises larger questions about the nature and rate of cultural change in the Mexican north.
This book is a history of Asian slaves in colonial Mexico and their journey from bondage to freedom.
Gamboa's World examines the changing legal landscape of eighteenth-century Mexico through the lens of the jurist Francisco Xavier de Gamboa (1717-1794). Gamboa was both a representative of legal professionals in the Spanish world and a central protagonist in major legal controversies in Mexico. Of Basque descent, Gamboa rose from an impoverished childhood in Guadalajara to the top of the judicial hierarchy in New Spain. He practiced law in Mexico City in the 1740s, represented Mexican merchants in Madrid in the late 1750s, published an authoritative commentary on mining law in 1761, and served for three decades as an Audiencia magistrate. In 1788 he became the first locally born regent, or chief justice, of the High Court of New Spain. In this important work, Christopher Albi shows how Gamboa's forgotten career path illuminates the evolution of colonial legal culture and how his arguments about law and justice remain relevant today as Mexico debates how to strengthen the rule of law.
The principal protagonists of this history of the Enlightenment are non-literate, poor, and enslaved colonial litigants who began to sue their superiors in the royal courts of the Spanish empire. With comparative data on civil litigation and close readings of the lawsuits, The Enlightenment on Trial explores how ordinary Spanish Americans actively produced modern concepts of law.
In the centuries before Europeans crossed the Atlantic, social and material relations among the indigenous Guaraní people of present-day Paraguay were based on reciprocal gift-giving. But the Spanish and Portuguese newcomers who arrived in the sixteenth century seemed interested in the Guaraní only to advance their own interests, either through material exchange or by getting the Guaraní to serve them. This book tells the story of how Europeans felt empowered to pursue individual gain in the New World, and how the Guaraní people confronted this challenge to their very way of being. Although neither Guaraní nor Europeans were positioned to grasp the larger meaning of the moment, their meeting was part of a global sea change in human relations and the nature of economic exchange. Brian P. Owensby uses the centuries-long encounter between Europeans and the indigenous people of South America to reframe the notion of economic gain as a historical development rather than a matter of human nature. Owensby argues that gain—the pursuit of individual, material self-interest—must be understood as a global development that transformed the lives of Europeans and non-Europeans, wherever these two encountered each other in the great European expansion spanning the sixteenth to nineteenth centuries.
Offers a new reading of the history of the colonization of North America and the dispossession of its indigenous peoples.
An examination of France’s Atlantic and Indian Ocean empires through the stories of the little-known people who built it This book is a groundbreaking evaluation of the interwoven trajectories of the people, such as itinerant ship-workers and colonial magistrates, who built France’s first empire between 1680 and 1780 in the Atlantic and Indian Oceans. These imperial subjects sought political and legal influence via law courts, with strategies that reflected local and regional priorities, particularly regarding slavery, war, and trade. Through court records and legal documents, Wood reveals how courts became liaisons between France and new colonial possessions.