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Justice by Insurance: The General Indian Court of Colonial Mexico and the Legal Aides of the Half-Real

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Description

As Western Europe expanded its empires in the sixteenth and seventeenth centuries, it came to dominate many peoples, especially in The united states, 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 treatment be provided for groups of lesser political weight?
 
Woodrow Borah vividly depicts probably the most more peculiar institutions that arose in response to these problems—the General Indian Court of New Spain. In what is today Mexico, the conquering Spaniards had in the beginning attempted to preserve such Indian customs as were deemed not contrary to reason or Christianity. On the other hand, as interpreted by Spanish judges, such a lot turned out to be “contrary” to these standards that native customs were soon recast in in large part 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 used to be 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 Hernán Cortés, 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 a very powerful chapter to the history of colonial Mexico.
 

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