The Principales of Philip II: Vassalage, Justice, and the Making of Indigenous Jurisdiction in the Early Colonial Philippines

Tür:

Kitap Bölümü

Yazar:

Abisai Pérez Zamarripa

Yayın yılı:

2021

Dil:

en

This paper traces the role of political principles in the development and management of justice in the early colonial Philippines by tracking how the Spanish Crown incorporated Philippine natives as vassals, administered justice over them, and acknowledged indigenous nobility as local judges. The first section introduces the origins of the contractual relationship between the Spanish King and Philippine natives. The second section analyzes how the colonial authorities organized the jurisdictions in the Philippines in line with the governor’s authority and Spanish settlement patterns. The third section explores the recognition of native elites as judges resulting from the lobbying for and formation of local customary law by ecclesiastical actors. Due to the lack of testimonies from indigenous actors, this research draws upon imperial legislation and official correspondence, juxtaposing the developments in the archipelago with the Spanish American experience. Having few indigenous testimonies to analyze, previous research has overlooked the role of the native elites in the exercise of justice. This paper proposes that, in line with the ideological background of Spanish legal culture, the Philippine native elites wielded indigenous jurisdiction, which involved the ability to mete out justice among native subjects concerning minor crimes within their communities.

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