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

The General Indian Court of New Spain was an innovative special jurisdiction established in response to the conflicting laws and customs of the Spanish Empire in America. It was created to provide legal remedy for groups of lesser political weight and to preserve Indian customs that were not contrary to reason or Christianity. Woodrow Borah analyzes the cases that came before the court, the decisions it reached, and the policies underlying these decisions, and compares it to the tribunals of Guadalajara.

Format: Paperback / softback
Length: 504 pages
Publication date: 20 April 2018
Publisher: University of California Press

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 Hernán Cortés, and by comparing the General Indian Court to the tribunals of Guadalajara, which had no similar special status.

The General Indian Court of New Spain was a unique institution that emerged in response to the challenges posed by the expansion of Western European empires into the Americas in the sixteenth and seventeenth centuries. The court was established to address the conflicts between the Spanish legal system and the indigenous cultures and customs of the Native Americans.

The Spanish conquistadors initially attempted to preserve some Indian customs as they were deemed not contrary to reason or Christianity. However, as time went on, Spanish judges began to interpret these customs in a way that largely conformed to Spanish norms. This led to a recasting of native customs in largely Spanish terms, which sparked a flood of litigation among the conquered Indians.

The social and economic upheaval that resulted from this conflict sparked great concern among Spanish administrators and jurists. They sought to find a solution that would balance the interests of the Spanish Empire and the Native American communities. The establishment of the General Indian Court was a remarkable innovation in this regard.

The General Indian Court was a special jurisdiction vested in the viceroy and a corps of legal aides. The court was responsible for hearing cases related to Indian customs, land disputes, and other matters that affected the Native American communities. The court's decisions were binding on all parties involved, and its expenses were paid for by a small contribution from each Indian family.

One of the key features of the General Indian Court was its innovative approach to legal remedy. Instead of relying on traditional judicial processes, the court employed a system of conciliation and negotiation. The court's legal aides worked closely with the Native American communities to find mutually acceptable solutions to disputes. This approach was designed to address the power imbalance between the Spanish Empire and the Native American communities, which often resulted in unfair outcomes in traditional judicial systems.

The General Indian Court also played a significant role in promoting the integration of the Native American communities into the Spanish Empire. The court's decisions helped to establish a common legal framework that could be applied to all Native American communities, regardless of their location or cultural differences. This helped to create a sense of unity and belonging among the Native American communities, which was essential for the stability and prosperity of the Spanish Empire.

In conclusion, the General Indian Court of New Spain was a remarkable institution that emerged in response to the challenges posed by the expansion of Western European empires into the Americas. The court's innovative approach to legal remedy, its focus on conciliation and negotiation, and its role in promoting the integration of the Native American communities into the Spanish Empire made it a significant contribution to the history of legal development in the Americas.

Weight: 750g
Dimension: 152 x 228 x 37 (mm)
ISBN-13: 9780520301122