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Since Time Immemorial

Native Custom and Law in Colonial Mexico

Book

Pages: 352

Illustrations: 37 illustrations

Published: May 2023

In 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.

Praise

“Rejecting an older bibliography that romanticized Native customs as ancient and autochthonous, Yanna Yannakakis studies how customs were formulated, how they changed, and how they became central to both law and politics during the colonial period. Rather than conserving a past, she astutely points out that customs enabled a host of different actors to adjust to a present and dream of a better future.” - Tamar Herzog, author of A Short History of European Law: The Last Two and a Half Millennia

Since Time Immemorial is a compelling study of how Indigenous communities in colonial Mexico adapted European concepts of custom to their own communal lifeways. It shows how they advanced those reformulated versions in Spanish courts of law, responding strategically to global changes and challenges in the name of local custom, ironically. As with her first book, The Art of Being In-between, Yanna Yannakakis has written a classic in the field of Latin American history.” - Kevin Terraciano, Professor and Robert N. Burr Chair of History, University of California, Los Angeles

"Aimed at a scholarly audience, Yanna Yannakakis' Since Time Immemorial explores how Spanish authorities and indigenous elites navigated the ambiguous boundary between custom and law in16th-century Mexico. Deeply reasoned and argued, this book should be of interest to both history majors and experts interested in the legal framework of Spanish Mexico." - Noah Zachary, World History Encyclopedia

"Over the last decade, one of the most striking developments in scholarship on colonial Latin America has been the study of what might be called Indigenous legality. Yanna Yannakakis’s rigorous, imaginative, and well-written new book testifies to the vibrancy of this trend and shows how much remains to be done." - Brian Owensby, Hispanic American Historical Review

"Yannakakis has written a sophisticated and eminently readable text that could serve as an introduction to legal historical methods as well as a longue-durée study of Mexican Native communities. It is an exemplary model for thinking about law from the bottom up without losing sight of imperial foundations or a historically romanticizing a Native past." - Karen B. Graubart, Colonial Latin American Review

"Since Time Immemorial shows persuasively how preconquest custom shaped the laws governing the Indigenous world of postconquest Mexico. But it equally demonstrates the complex ways that traditional customs were manipulated to refect new realities as well as how new customs contributed to the evolution of legal practices in colonial society." - Jeremy Baskes, Estudios Interdisciplinarios de America Latina y el Caribe

"Since Time Immemorial, a meticulously executed ethnohistorical study of law in colonial Mexico, will quickly become a classic in studies of colonialism, empire, and Native survivance." - Amber Brian, American Historical Review

"Since Time Immemorial contributes to and expands the literature on the normative power of custom or tradition. . . . Since Time Immemorial is an expansive historical narrative. Its magnitude and scope demonstrate the breadth of Yannakakis’s expertise. . . ." - Luis Sierra, Journal of Global South Studies

"A must-read for scholars of Mexican history, both those studying colonial times and others interested in the ongoing legal struggles of Indigenous communities in Mexico today. Since Time Immemorial is an appropriate text for graduate students and deserves a place in the bibliographies of all researchers interested in the globalization of legal history." - Jason Dyck, Mexican Studies

". . . There is much to commend Since Time Immemorial. Its nuanced history of custom in Mexico’s indigenous communities will be of interest to both ethnohistorians and legal historians, but it also offers much beyond this. It operates as a primer on a broad range of topics involving indigenous-Spanish relations in the colonial era. Students and instructors in large survey classes will find the text useful. . . ." - Nora E. Jaffary, Journal of Social History

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Author/Editor Bios

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Yanna Yannakakis is Associate Professor of History at Emory University, author of The Art of Being In-Between: Native Intermediaries, Indian Identity, and Local Rule in Colonial Oaxaca, and coeditor of Indigenous Intellectuals: Knowledge, Power, and Colonial Culture in Mexico and the Andes, both also published by Duke University Press.

Table Of Contents

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Acknowledgments  ix
Introduction  xiii
Part I. Legal and Intellectual Foundations: Twelfth through Seventeenth Centuries
1. Custom, Law, and Empire in the Mediterranean-Atlantic World  23
2. Translating Custom in Castile, Central Mexico, and Oaxaca  45
Part II. Good and Bad Customs in the Native Past and Present: Sixteenth through Seventeenth Centuries
3. Framing Pre-Hispanic Law and Custom  73
4. The Old Law, Polygyny, and the Customs of the Ancestors  109
Part III. Custom in Oaxaca’s Courts of First Instance: Seventeenth through Eighteenth Centuries
5. Custom, Possession, and Jurisdiction in the Boundary Lands  139
6. Custom as Social Contract: Native Self-Governance and Labor  171
7. Prescriptive Custom: Written Labor Agreements in Indian and Spanish Jurisdictions  199
Epilogue  229
Notes  237
Bibliography  273
Index  305

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Sales/Territorial Rights: World

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Awards

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Winner of the 2024 Friedrich Katz Prize in Latin American and Caribbean History, presented by the American Historical Association

Winner of the 2024 Peter Gonville Stein Book Award, presented by the American Society for Legal History

Co-Winner of the 2025 Howard Francis Cline Memorial Prize, presented by the Conference on Latin American History

Additional Information

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Related Links Paper ISBN: 978-1-4780-1962-6 / Hardcover ISBN: 978-1-4780-1698-4 / eISBN: 978-1-4780-2425-5 / DOI: https://doi.org/10.1215/9781478024255

Funding Information

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This book is freely available in an open access edition thanks to TOME (Toward an Open Monograph Ecosystem)—a collaboration of the Association of American Universities, the support of Emory University and the Andrew W. Mellon Foundation. Learn more at TOME website.