03810nam 22005055 450 99656556370331620231209095929.01-4780-9357-910.1515/9781478093572(CKB)26809521300041(DE-B1597)671877(DE-B1597)9781478093572(EXLCZ)992680952130004120231209h20232023 fg engur|||||||||||txtrdacontentcrdamediacrrdacarrierSince Time Immemorial Native Custom and Law in Colonial Mexico /Yanna YannakakisDurham : Duke University Press, [2023]20231 online resource (353 p.)9781478016984 Frontmatter -- Contents -- Acknowledgments -- A Note on Orthography -- Maps -- Introduction -- Part I. Legal and Intellectual Foundations Twelfth through Seventeenth Centuries -- 1 Custom, Law, and Empire in the Mediterranean-Atlantic World -- 2 Translating Custom in Castile, Central Mexico, and Oaxaca -- Part II. Good and Bad Customs in the Native Past and Present Sixteenth through Seventeenth Centuries -- 3 Framing Pre-Hispanic Law and Custom -- 4 The Old Law, Polygyny, and the Customs of the Ancestors -- Part III. Custom in Oaxaca's Courts of First Instance Seventeenth through Eighteenth Centuries -- 5 Custom, Possession, and Jurisdiction in the Boundary Lands -- 6 Custom as Social Contract: Native Self-Governance and Labor -- 7 Prescriptive Custom: Written Labor Agreements in Native and Spanish Jurisdictions -- Epilogue -- Notes -- Bibliography -- IndexIn 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.Customary law courtsMexicoHistoryIndians of MexicoLegal status, laws, etcHistoryIndians of MexicoPolitics and governmentJustice, Administration ofMexicoHistoryHISTORY / Latin America / MexicobisacshCustomary law courtsHistory.Indians of MexicoLegal status, laws, etcHistory.Indians of MexicoPolitics and government.Justice, Administration ofHistory.HISTORY / Latin America / Mexico.347.72/0108997Yannakakis Yanna, authttp://id.loc.gov/vocabulary/relators/aut1259105Emory Universityfndhttp://id.loc.gov/vocabulary/relators/fndDE-B1597DE-B1597BOOK996565563703316Since time immemorial3391224UNISA