Traces the creation of Indigenous custom as a legal category and its deployment as a strategy of resistance to empire in colonial Mexico. Yannakakis analyzes sources ranging from missionary and Inquisition records to Native pictorial histories, royal surveys, and Spanish and Native-language court and notarial documents.
Traces the creation of Indigenous custom as a legal category and its deployment as a strategy of resistance to empire in colonial Mexico. Yannakakis analyzes sources ranging from missionary and Inquisition records to Native pictorial histories, royal surveys, and Spanish and Native-language court and notarial documents.
Yanna Yannakakis is Associate Professor of History at Emory University, author of The Art of Being In-Between: Native Intermediaries, Indian Identity, and Local Rule in Colonial Oaxaca, and coeditor of Indigenous Intellectuals: Knowledge, Power, and Colonial Culture in Mexico and the Andes, both also published by Duke University Press.
Inhaltsangabe
Acknowledgments ix Introduction xiii Part I. Legal and Intellectual Foundations: Twelfth through Seventeenth Centuries 1. Custom, Law, and Empire in the Mediterranean-Atlantic World 23 2. Translating Custom in Castile, Central Mexico, and Oaxaca 45 Part II. Good and Bad Customs in the Native Past and Present: Sixteenth through Seventeenth Centuries 3. Framing Pre-Hispanic Law and Custom 73 4. The Old Law, Polygyny, and the Customs of the Ancestors 109 Part III. Custom in Oaxaca’s Courts of First Instance: Seventeenth through Eighteenth Centuries 5. Custom, Possession, and Jurisdiction in the Boundary Lands 139 6. Custom as Social Contract: Native Self-Governance and Labor 171 7. Prescriptive Custom: Written Labor Agreements in Indian and Spanish Jurisdictions 199 Epilogue 229 Notes 237 Bibliography 273 Index 305
Acknowledgments ix Introduction xiii Part I. Legal and Intellectual Foundations: Twelfth through Seventeenth Centuries 1. Custom, Law, and Empire in the Mediterranean-Atlantic World 23 2. Translating Custom in Castile, Central Mexico, and Oaxaca 45 Part II. Good and Bad Customs in the Native Past and Present: Sixteenth through Seventeenth Centuries 3. Framing Pre-Hispanic Law and Custom 73 4. The Old Law, Polygyny, and the Customs of the Ancestors 109 Part III. Custom in Oaxaca’s Courts of First Instance: Seventeenth through Eighteenth Centuries 5. Custom, Possession, and Jurisdiction in the Boundary Lands 139 6. Custom as Social Contract: Native Self-Governance and Labor 171 7. Prescriptive Custom: Written Labor Agreements in Indian and Spanish Jurisdictions 199 Epilogue 229 Notes 237 Bibliography 273 Index 305
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