The Panorama of Indigenous Legal History

Brian P. Owensby

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Chapter 8 The Panorama of Indigenous Legal History

In: A Companion to Latin American Legal History

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Brian P. Owensby

Brian P. Owensby
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Type:: Chapter

Pages:: 218–243

DOI:: https://doi.org/10.1163/9789004436091_010

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Abstract

Initial encounters between Europeans and the New World’s Indigenous peoples were marked by cautious mutual approach. Very quickly, Europeans began to imagine they could pursue individual gain at the expense of native people. Much of the early scholarly literature focused on the forms of that pursuit and the institutions that emerged to frame, enable, and restrain it. Two other vectors of sixteenth-century Iberian collective life also drew attention—religion and law. For a long season, historians of the New World expressed far more interest in the first of these, drawn by the drama and cross-cultural mystery of evangelization and its profound effects on native lifeways. Scholarly concern for law’s role in the lives of Indigenous people has been uneven, only recently achieving the gravity of other fields of study. Yet, as the vastness of Latin America’s legal archives attests, it is virtually impossible to give historical meaning to the lived experience of Indigenous people without understanding the extent to which law shaped their understandings, possibilities, and actions, in the troubled world they came to inhabit from 1492 forward.

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A Companion to Latin American Legal History

Series: Legal History Library, Volume: 64

E-Book ISBN:: 9789004436091

Publisher:: Brill | Nijhoff

Print Publication Date:: 25 Nov 2023

Subjects
- American Studies
  - Latin America
- History
  - Legal History

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Chapter 8 The Panorama of Indigenous Legal History

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A Companion to Latin American Legal History

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