Early legal mestizaje. First stage of modern colonial law in Andean America.

ZAMORA, ROMINA

Helsinki

Seminario; The Dynamics of Early Modern Colonial Laws and Legal Literature University of Helsinki, Faculty of Law October 26 - 28, 2022; 2022

CoCoLaw project. University of Helsinki

Highlighted by new understandings of early modern European law, it is possible to reinterpret the sources through new concepts to think the dynamics of modern colonial law in Latin America. In the Andean region, since 1560 Spaniards incorporated some Inca normatives about obedience and work relations, not as a recognition of the indigenous communities’ autonomy, but the practical use of notions of subordination. Paradoxically, this specific kind of early legal miscegenation was ephemeral, destined to disappear. Over the centuries, normative criteria were born that no longer had indigenous roots but colonial ones, as Víctor Tau Anzoátegui (2002) demonstrates. The indigenous customs colonial criteria, many times, were the principles recognized and validated by Spanish judges the early legal miscegenation times.