Colonial Law and “Native Customs”: Indigenous Land Rights in Colonial Spanish America

Abstract

Scholars of colonial Spanish America are divided between those who cherish Spaniards for respecting indigenous land rights and those who denounce them for not having done so. For the first group, Spanish respect was enshrined in political and theological debates and in legislation and practice that from the sixteenth century asserted that natives had right to the lands they possessed before Europeans arrived. For the second group, native dispossession was a dominant feature of colonial life. Whatever the theory may have mandated, the balance of power favored non-natives by allowing them access to a wide variety of social, legal, political, economic, and cultural instruments enabling them to control the land.