> Pre-Columbian law> Incans and Aztecs

Last updated 27 Sep 11

Latin American Law

Pre-ColumbianLatin America …

Inca

Em

pire

Aztec

Em

pire

Government structure …

The people of LatAm found themselves ruled by home-grown monarchy then by another imported from Europe.

Jim Rodden

T’oqrikoqProvincial Governors

Quetzacoatl

ApocunasRegional Governors

Inca

SunGod

PopeAlexander VI (1492)

King(Spanish / Portuguese)

Family units

Ethnic leadersHunu (10,000) / Chunca (10)Calpulli

(groups of 50-500 families

Aztec KingNobility (Toltec blood)

Tlalocan(Council 12-20 nobles)

Calpixque (local Aztec governors)

Family units

Royal Councils(Junta de Burgos)

Conquistadores

Nobility

Subjects

Subjects

T’oqrikoqProvincial Governors

Quetzacoatl

ApocunasRegional Governors

Inca

SunGod

PopeAlexander VI (1492)

King(Spanish / Portuguese)

Family units

Ethnic leadersHunu (10,000) / Chunca (10)Calpulli

(groups of 50-500 families

Aztec KingNobility (Toltec blood)

Tlalocan(Council 12-20 nobles)

Calpixque (local Aztec governors)

Family units

Royal Councils(Junta de Burgos)

Conquistadores

Nobility

Subjects

Subjects

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 ShavedHouse 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 DigestIII. De condicione

hominum.9. Et quidem summa divisio de iure personarum haec est, quod omnes homines aut liberi sunt aut servi

Las Leyes de Las Indias

Hernán Cortés

Doña Marina (la Malinche)

Queen Isabella

Modern LatAm indigenous issues …

Liberation theology

Peru, Colombia, Mexico

Zapatistas (2003)

End

Samis

Panama

Chibchan / Chocoan / Cueva