"Aimed at a scholarly audience, Yanna Yannakakis' <i>Since Time Immemorial</i> explores how Spanish authorities and indigenous elites navigated the ambiguous boundary between custom and law in16th-century Mexico. Deeply reasoned and argued, this book should be of interest to both history majors and experts interested in the legal framework of Spanish Mexico." - Noah Zachary (World History Encyclopedia) "Yannakakis has written a sophisticated and eminently readable text that could serve as an introduction to legal historical methods as well as a longue-durÉe study of Mexican Native communities. It is an exemplary model for thinking about law from the bottom up without losing sight of imperial foundations or a historically romanticizing a Native past." - Karen B. Graubart (Colonial Latin American Review) "<i>Since Time Immemorial</i> shows persuasively how preconquest custom shaped the laws governing the Indigenous world of postconquest Mexico. But it equally demonstrates the complex ways that traditional customs were manipulated to refect new realities as well as how new customs contributed to the evolution of legal practices in colonial society." - Jeremy Baskes (Estudios Interdisciplinarios de America Latina y el Caribe)

In Since Time Immemorial Yanna Yannakakis traces the invention of Native custom, a legal category that Indigenous litigants used in disputes over marriage, self-governance, land, and labor in colonial Mexico. She outlines how, in the hands of Native litigants, the European category of custom-social practice that through time takes on the normative power of law-acquired local meaning and changed over time. Yannakakis analyzes sources ranging from missionary and Inquisition records to Native pictorial histories, royal surveys, and Spanish and Native-language court and notarial documents. By encompassing historical actors who have been traditionally marginalized from legal histories and highlighting spaces outside the courts like Native communities, parishes, and missionary schools, she shows how imperial legal orders were not just imposed from above but also built on the ground through translation and implementation of legal concepts and procedures. Yannakakis argues that, ultimately, Indigenous claims to custom, which on the surface aimed to conserve the past, provided a means to contend with historical change and produce new rights for the future.
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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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Produktdetaljer

ISBN
9781478016984
Publisert
2023-05-05
Utgiver
Duke University Press
Vekt
635 gr
Høyde
229 mm
Bredde
152 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
352

Forfatter

Biografisk notat

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.