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TRIUMPH OF LAWLESS FORCE AND LAWLESS PRIVILEGE - A BRIEF HISTORY OF MEXICAN LEGAL TRADITIONS

NCJ Number
55044
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 2 Issue: 1 Dated: (SPRING 1978) Pages: 49-60
Author(s)
C J JOHNS
Date Published
1978
Length
12 pages
Annotation
THIS BRIEF EXAMINATION OF THE HISTORICAL LEGAL TRADITIONS OF MEXICAN JUSTICE FOCUSES ON THE AZTEC AND MAYAN HERITAGE AND THE EFFECTS OF SPANISH CONQUEST AND NATIONAL REVOLUTIONS ON THE EARLY MEXICAN RESPONSE TO CRIME.
Abstract
THERE ARE THREE THEMES CRUCIAL TO ANY CONSIDERATION OF THE CRIMINAL LEGAL HISTORY OF MEXICO: (1) SOCIETAL ORIENTATION TOWARD SEVERITY OF PUNISHMENT, (2) TRADITION OF DISRESPECT FOR THE LAW, AND (3) CONTINUED ATTEMPTS TO BRING ABOUT ORDER THROUGH VIOLENCE. BOTH THE AZTEC AND MAYAN CULTURES GLORIED IN DEATH, WAR, AND SACRIFICIAL RITES INVOLVING HUMAN SLAUGHTER, A TRADITION THAT SPILLED OVER INTO THEIR CRIMINAL JUSTICE SYSTEM AS WELL. NEITHER MAINTAINED ANY PRISONS; OFFENDERS WERE EITHER FORCED TO MAKE RESTITUTION FOR A CRIME--USUALLY PETTY THEFT--OR WERE TORTURED AND EXECUTED. EXECUTION WAS THE FAVORED RESPONSE AND WAS METTED OUT FOR EVERYTHING FROM PUBLIC DRUNKENNESS TO ROBBERY, INCEST, AND MURDER. CHILDREN WERE TREATED ON A PAR WITH ADULTS. LITTLE CHANGED FOLLOWING THE CONQUEST BY SPAIN, BECAUSE THE CONQUISTADORS MERELY REPLACED THE TRIBAL LEADERS, REPLICATING THEIR TASTE FOR BLOOD AND SLAVERY, ALTHOUGH WITH A DECIDEDLY DIFFERENT TACK--THE CONQUERORS WERE INTERESTED IN MAINTAINING ORDER AND ACCUMULATING WEALTH FOR THE BENEFIT OF THE FEW, WHILE BOTH THE AZTECS AND MAYANS PURSUED A RUTHLESS APPROACH FOR THE SUPPOSED GOOD OF THE COMMUNITY AT-LARGE. THE RUTHLESS APPROACH PREVAILED ALSO THROUGHOUT THE ASSORTED OCCUPATIONS AND NATIONAL REVOLUTIONS THAT CONTINUALLY BEFELL MEXICO IN THE CENTURIES THAT FOLLOWED. BOTH BANDITRY AND BLOODY DICTATORIAL AGGRESSION AFFLICTED THE COUNTRYSIDE UNDER THE GUISE OF WARS OF NATIONAL LIBERATION OR POLICE ACTIONS AGAINST REVOLUTIONARIES. THE LEGAL SYSTEM IN MEXICO TODAY IS AS CONFUSED AND CONVOLUTED AS THE NATION'S HISTORY ITSELF. IT IS A COMPLEX SYSTEM OF FEDERAL, STATE, AND CIVIL COURTS AND CODES WHICH STILL BEAR THE PRINT OF SPANISH AND FRENCH COLONIALISM. REFERENCES ARE INCLUDED. (KBL)

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