Posted in Law No. 329 of November 16, 2010. Francisco José
OF SOLAR RED
Lawyer PUCP and the U. Central de Venezuela (UCV).
Graduate in Law, History and Communication Studies.
Professor of History of Law in UIGV.
Dedicated to my colleague and dear friend Jorge Basadre Ayulo, son of our great, glorious and teacher recalled Jorge Basadre Grohmann, who assumed the challenge to "rewrite" the history of Peruvian law.
this day in 1532, around noon, the Inca Atahualpa (Inca Pachacuti Cacha Yupanqui, Cusco, n. circa 1500) or Atahualpa, left his camp or shelter Pultumarca (current district "Baths of the Inca"), to address the people of Cajamarca, where he would meet with the governor and English captain Francisco Pizarro González (Trujillo de Extremadura 1478 - Lima 1541. hidalgo illegitimate son of Gonzalo Pizarro Rodríguez de Aguilar and the Pauper Francisca González Mateos, called "The Closet").
The meeting had been agreed the previous day, Friday 15 November in the afternoon, before the requirements of the captains, Hernando de Soto and Hernando Pizarro Vargas (younger brother of Francis, but was that held the primogeniture and represented the legitimate branch of the noble family Pizarro, Extremadura), who had been commissioned by the governor to invite to dinner at Inca, in Cajamarca, that afternoon, and a friendship pact.
Atahualpa offered to attend the banquet without understanding the announced deal, given that the relationship in the Andean world was made through "reciprocity" (mutual provision of services and exchange of goods), a fact that was impossible because the Spaniards were only Dedicated to steal riches of the Inca state (gold, silver, food, clothing, etc.) without offering anything in return, and, worse, to encourage and foster discontent and revenge other ethnic groups, which had been violently conquered by the Incas, from the time of Tupac Inca Yupanqui (eleventh monarch Cusco), son of the great Inca Pachacutec (Cusi Yupanqui), who took office in 1438, after defeating and totally destroy to chance, and whose adopted name means "the one who change the world." True, most ethnicities under the thrall Andean Inca saw their chance of mutiny and released in the presence and support of the English.
The famous ninth Inca, Pachacutec-second legal archetype Tahuantinsuyo after Manco Capac ruled until 1471, ie a long period of 33 years (1438-1471) .. He claimed that his son succeed him Amaru Inca Yupanqui (tenth monarch Cusco) but unable to the government, why was replaced by Inca Tupac Yupanqui, who, with his resounding military victories led to the maximum territorial expansion of Tahuantinsuyo, founding Tumibamba, in present day Ecuador. Hence, his son Huayna Capac (Tito Cusi Guallpa) had with the Coya Mama Ocllo, was born in that city. He took office in 1493 and returned to his hometown in 1512, consolidating its conquest of the current action northern Ecuador in 1515, taking Carangue. By then, Huayna Capac was accompanied by his young son and prince Atahualpa, who at the time was about 12 years .. Now these last Incas developed their governments in a total of 94 years, ie from 1438 with the assumption of power Pachacútec until 1532, Saturday 16 November, the day on which Atahualpa (Inca fourteen tenth) was captured and taken prisoner by Pizarro, who in late July 1533, provided a summary process of war, condemning him to death on 26 March. Issue we have developed in our article published in this supplement, and then called "Life, trial and death of Atahualpa, the Inca Farsa against." (Vid. Legal N º 229 of 16.12.2008).
It should say at once that, in fact, the Inca history that has been worked scientifically, that is, within the canons of the "new history" corresponds to this span of 94 years, a total of approximately 300 years. In other words, since the founding of Cusco, circa 1200/1230 until the third boom and bust of Tahuantinsuyo that goes from 1438 until 1532. NEW HISTORY
pointed to the assertions here, we followed the historical contributions of distinguished jurists and historians such as Raul Porras Barrenechea (Pisco, Ica 1897-Lima 1960), Edmundo Guillén Guillén (Lima 1921-2005), Mary Rostworowski Tovar de Diez Canseco (Barranco, Lima, n. 1915) and Franklin Pease García-Yrigoyen (Lima from 1939 to 1999), among others, who have worked with some chronic tried making a great effort with a certain accuracy and reliability the Andean vision . That is, away from the European worldview introduced by most writers in the history of our people who were totally unaware of that becoming beyond the seas, ie the difference between the European vision and the Andean reality.
We must also add to ethnohistorian Ukrainian-born American, John Victor Murra (Odessa 1916-New York 2006), who revolutionized the Andean history to discover and understand that "Reciprocity" was an "organizing principle" on two levels, both between the local communities ayllus or horizontal in nature and, on the other hand, that linked the state with the population, who received services and contributions from people in exchange for "redistribute their surplus" economy, as Rostworowski points. Anything else, the ayllu and then the Incas, made of a complex system of reciprocal obligations and political alliances, and so on.
Also, we have to Reiner Tom Zuidema American historian (b. 1926) and the French anthropologist Nathan Wachtel (Metz, Lorraine, b. 1935), among others, with which it opened a new horizon in Andean historical studies. These would be located in the concept, without doubt, the "new history" or School of the Annals, that is, in scientific history, leaving behind the "old story", the purely narrative or literary history.
In other words, the new Andean studies with this view demanded a "reinterpretation" of the chronicles, analyzing causes and consequences, with the support of modern auxiliary sciences of history and anthropology, ethnohistory, etc. In times past, they-the chronicles, were the primary sources to reconstruct the past Andean or, failing that, provided the story itself, falling into the vices of ethnocentrism and historicism, as was the case of the Royal Commentaries of the mestizo chronicler Garcilaso de la Vega (Cusco 1539-Córdoba, Spain 1616, named Suarez Gomez Figueroa).
With this new guidance, following the wishes of some loved and admired teachers we decided to rewrite the history of Peruvian law, and that she had written based on the chronicles, including the Indian chronicler Felipe Huaman Poma de Ayala (San Cristóbal de Suturu "?-Lima 1615). Hence, we take this serious challenge to make a new "History of law Peruvian "according to new findings from ethnohistory, anthropology and how to make scientific history as the Annales School. So in 1988 we published our book entitled History of Peruvian law, Volume I: Primitive Law (With a foreword by distinguished jurist and professor of Legal History, Juan Vicente Ugarte del Pino. Ediciones SRL Royal Lima. Peru pp. 100).
In this work, we say that before talking about right Inca was preferable to consider the existence of a pre-law or even better, efficient and effective forms of regulation and social and economic control, such as reciprocity, the vertical production control or ecological, redistribution surplus, etc. However, the original she presented it to our dear colleague and friend Jorge Basadre Ayulo (Lima, n. 1939) for review, and the generosity and selflessness that characterizes him we appreciated the contributions we made to the History of Law Peruvian and references to your father, by letter dated Lima, 3/10/1987, this is a year and a half before our book published in October 1988 with the introduction of another beloved maestro Juan Vicente Ugarte del Pino (Lima , n. 1923).
Moreover, the same way, the original of this book in print was read and reviewed by a teacher remembered and appreciated Franklin Pease García-Yrigoyen (Lima 1939-1999) who had requested the respective prologue. In a letter dated 27/10/1988, he said: "I read the book and I see him teaching his intention, as well as the abundant information that presides over it, so I think that may be useful to their students, and wished us the best success. "Big words and flattering coming from a prominent and distinguished professor and Pease. Indeed, the book gathered much of what is taught by Franklin, who argued that talk of law is characteristic of Western culture, but not of the Andes. In it is preferable to speak of forms of control and regulation, and in no way law is a creation of the Western world. Hence our idea of \u200b\u200b"pre-law Inca "or, more properly, Pease-copying forms of control and social and economic regulation highly efficient and effective.
undoubtedly Rostworowski Pease and are the most thorough and precise investigations of the Andean reality, in general, and Incan history in particular. As for Pease, here are his original books with several editions, and brainy articles in professional journals, especially the PUCP, more than a dozen. We just want to emphasize: 1) The last Inca of Cuzco (1972). Second Edition PL Villanueva. Ed Lima 1977; 2) The Andean creator god. Mosca Azul Editores. Lima. 1973; 3) From Tawantinsuyu to the history of Peru. Institute de Estudios Peruanos IEP. Lima. 1978; 4) Los Incas. History of Peru. Volume II. Ancient Peru. Editorial Juan Mejía Baca. Lima. 1980; etc.
Now our primal pose we have been improving, results we have published in various articles in this supplement, as the last one, entitled "History of Peruvian law: No right Inca" (see Law No. 225 of 18.11.2008). THERE WAS
law regulating the succession
Only some customs prevailed, as the fierce fighting over the inheritance of power where the most skillful and shining which boasted best talent to reign, on the sidelines fully, the legitimacy and primogeniture (primogeniture). In other words, in the Andes, in general, and the Inca history, including never had any idea, concept or application of these principles as were fundamental in the European world, and unfortunately, most chroniclers, including the mixed-mistakenly included in their stories, pointing to a primitive patterns distorted history in succession to the throne among the Incas.
Consequently, the struggle between the claimants and their respective panakas was not a novelty in the Tahuantinsuyo. On the contrary, was a historical constant that has just been discovered and worked by the anthropologists and ethno-historians who built a new history of the Inca state. In fact, so, for example, the eighth Inca, Viracocha, he wanted his young son to succeed him prince named Inca Urco, who was characterized by its inability to govern and command the army, so, despite having been recognized as Inca , the same general Viracocha a conspiracy against the young heir, wagering instead by Prince Cusi Yupanqui, which itself had recognized leadership competencies and warrior skills, which amply demonstrated when he defeated the chance, and took the name Pachacutec, as already noted.
But something else, Viracocha almost until the end of his life opposed the Inca Pachacutec out, however, on one hand, praise and recognition that he did to his father, and on the other hand, its resounding military success. The truth was that the old Inca Inca Urco always preferred, to the point of plotting with it a scheme to assassinate the successful Pachacutec, who ultimately had to wage war against his brother who was killed after the battle in the village Paca. At death Urco, Cusi Yupanqui was the sole candidate to assume the government of the confederation, said Rostworowski. We emphasize that this important historical record shows that it was not new or unusual for the world Huascar and Atahualpa Andean were fought by assuming power Tahuantinsuyo.
In this vein, it may be worth noting, for example, Capac Yupanqui (Incan fifth) was not son of Mayta Capac (Inca quarter), but his nephew, being the scion of a sister of hers, Curuyacu, having Inca several children. The successor Capac Yupanqui was noted for his weakness for women, having many concubines coming off the coya Curihilpay. Her sister, Cusi Chimbo-preferred by the Inca came to poison him and called in a coup to Hanan Cusco, whose members led by Inca Roca disrupted families Urin Cusco (first Dynasty), taking absolute control of Inticancha, royal residence then. Cusi Chimbo became the Coya Inca Roca (sixth king of Tahuantinsuyo), taking the name of Mama Micay, and gave birth to the second dynasty, this is the Hanan Cusco.
Inca Roca's successor was his son Titu Cusi Gualpa (seventh Inca), who took the name of Yahuar Huaca, which means "weeping blood." While still a teenager was kidnapped by the Ayamarcas. After her father was correinante and both consolidated the dynasty Hanan Cusco, ruling together for many years. Huaca Yahuar had several children. In the Coya Mama Chiquia were Páucar Ayllo, the largest, and Mayta Gualpa Páhuac the lowest. In the concubines: Uiccho Topa, Inca Roca and Marcayuto. Negotiating through reciprocity with panakas wanted to impose as a successor to his second son Páhuac Gualpa Mayta, however, they preferred the opposite panakas Marcayuto. They agreed and eliminated the prince proposed Huallacán village where the mother of the heir was postponed. Inca Revenge was great and bloody, which ended a few years after his assassination in an insubordination or condesuyus uprising. Then began a time of crisis for Tahuantinsuyo. The Chance was organized and planned a future invasion of Cusco. Faced with this disorder, hanan decided to give the power to the prince of his dynasty, Hatun Tupac, who upon assuming his reign took the name of Viracocha (eighth Inca), which was the ultimate and primeval tutelary deity of the Incas, in particular, and several Andean cultures in general, so far, and that meant "the god who created the universe." Well, or Viracocha Viracocha, as we have seen, wanted to leave as a successor to Prince Urco called Inca, who, words words less, stop wars for power against Cusi Yupanqui (Pachacuti). Sea
incidentally, Mary Rostworowski Tovar, the great ravine ethnohistorian born in Lima and disciple of Murra and Porras Barrenechea, among other outstanding teachers, along with Pease, has the best books and essays on the Andean world and the Incas, in an amount of thirty (30). Mention only three, referred specifically to "Inca Empire" as she prefers to call it: 1) The superb biography of Pachacutec, under the title of Pachacuti Inca Yupanqui (Editorial Torres Aguirre. Lima. 1953). 2) History of the Inca Empire (Instituto de Estudios Peruanos IEP. Lima. 1988), and 3) Incas (Peru Thematic Encyclopedia. Empresa Editora El Comercio SA vol. I. Lima 2004). Work has recently been reissued, revised and supplemented to the Library Amazing Peruvian in the same publishing house. Lima in November 2010. In this context, these three books are and will be essential to write any article or essay on the Inca state.
Hence, quite rightly, Rostworowski, says: "The communication was not easy between conquerors and conquered. Both sides were separated not only by the language barrier, but a marked cultural differentiation. What ensued was a confrontation between two cultures that had never had contact with each other, making contrasts different ways of seeing the world, different ways of thinking and acting "(...)" The writers, making a great effort to compile information and, at the same time, cultural translation, used their own traditions as referents and signifiers of what they saw and heard in the New World "(...)" In this way, the inhabitants of the Inca Empire were called descendants of Noah, and their gods and its past were identified with other biblical beliefs and European folklore in general. This ethnocentric tendency to use trial and try to explain the Andean reality with your own categories in the European tradition continued until well into the nineteenth century, hindering the advancement of knowledge about the Inca culture "(Emphasis added.)
In fact, that was the context in which they developed their our historians of the past works of the old story, narrative and romantic, with the direct sources only those accounts that misrepresented the reality and truth Andes. And worst of all, created a "false history" fraught with ethnocentrism and historicism, such as we have stated in previous paragraphs, with the aim to create, develop and strengthen patriotism and nationalism based on a utopia. That is, an Andean history not only unrealistic, but even opposed to it.
Consider one example. Interested falsehood or not, that Atahualpa was born in Quito or Carangue, Ibarra (northern Ecuador), son of Inca Huayna Capac to Princess Pacha, daughter of the late King Shiri, emperor of the kingdom of Quito. Moreover, the marriage of the Incan princess came after the battle of Atuntaqui, and allowed the merger of the two largest kingdoms in this part of the continent, that is, the Inca Tahuantinsuyo or the Shyri or Quito. Insist on this premise is repeating the mistakes pointed chroniclers of the sixteenth and seventeenth-to Rostworowski, the father of the error was Garcilaso de la Vega, and the sad thing is that this is echoed by some veterans and young historians (of the old story) that keep repeating the mistakes of yesterday. The truth is that Atahualpa was not born in lands that now belong to the republic Ecuador-Quito or Carangue-or, but, in Cusco, the navel of Tahuantinsuyo.
However, given some statements and publications of 1996 that impinged on the wrong place of birth of the Inca Atahualpa, we sought to correct the mess in the magazine Caretas No. 1412 of 02.05.1996, in a letter published under the title " Inca and cradle. " Also, on one side, with the article in the newspaper El Comercio, Lima, Sunday 04.10.1998, p. A3, and on the other hand, the article "Atahualpa was Cusco, official gazette El Peruano, Monday 17/11/2008, p. 8. And finally, in the pages of this supplement-Legal N ° 229 of 16-12-2008 - an article of larger size and additional topic under the registration of "Life, trial and death of Atahualpa, the Inca Farsa against" above.
Finally, these major contributions that have helped to write a "new Inca history" beginning with John Victor Murra, Giorgio Alberti, Enrique Mayer, Nathan Wachtel, Mary Rostworowski Diez Canseco, Franklin Pease García-Yrigoyen, and, most recently, Luis Guzmán Palomino, Luis Millones, Marco Curatola and Mariusz Ziolkowski, among others, were the support to do the same with the "History of Peruvian law, taking into account the recommendation formulate the famous, beloved and remembered master Jorge Basadre Grohmann (1903-Lima Tacna 1980), unparalleled and unsurpassed historian of the period of the Republic in Peru.
PERUVIAN NEW HISTORY OF LAW
One of his early works of Basadre Grohmann was the History of Peru (Lima. 1937). In its early warning line said: "This book is just a temporary test. If the fate of works of history is soon wither by the incessant discoveries and changes in the valuation of their sources, is still the most fleeting life cycle scenarios that cover too extensive. When it comes to a history textbook Peruvian law, that conviction is more imminent and inevitable by the scarcity of monographs. "
No doubt, this was a new work, substantive and very important in dictating the course of History Chair of Peruvian law at the Faculty of Law, National University Mayor de San Marcos, which was created 04/12/1875. There is no doubt that far exceeded what had been published before. However, according to the only existing sources, the chronicles followed the same pattern of the old masters of this subject-San Marcos Román Alzamora Mayo (Lima 1847-1883); Eleodoro Romero Salcedo (1855 Lambayeque Lima 1931), Victor Manuel Maúrtua Uribe (Ica Atlantic 1865-1937), Manuel Augusto Olaechea Olaechea (Lima from 1880 to 1946), among others. However, for the distinguished professor of law, Jose Leon Barandiaran (1899-Lambayeque Lima 1987), had a very clear idea that "there was no law in the Inca state, since there was a system of rights and obligations, but only obligations "concluded, the wise teacher:" The Inca state was a dictatorship and not a legal system. "
Notwithstanding said, Basadre gotten down to update and systematize the modernized public with some contributions from foreign historians, such as E. Sidney Hartland, who affirmed the existence of "right primitive, "Bronislaw Malinoski (1884-1912) and Hermann Trimborn (1901-1986), etc., and also considering the question from the original creator of the Historical School of Law, the German iushistoriador, Friedrich Karl von Savigny ( 1779-1861), in the sense that there is no society without law (Societas ubi, ubi juris). Accordingly affirmed the existence of law in prehispanic Peru: "There was, therefore, even (in) the most ancient Peruvian cultures, and more so among the Incas."
Accordingly, following these approaches, in general terms to Basadre Grohman was private law and public law in the empire, and so on. This is, in other words, family law, inheritance law, inheritance, legitimacy, illegitimacy, firstborn, testamentary will, public order, crime, punishment catalogs, procedural law, etc.. However, this work became the only mandatory reference text for the course History of Peruvian law and with it we formed thousands of lawyers. Many of them have continued to repeat what they learned there. Very few follow the trail and work of the author who never stopped to investigate, to overcome and change some of their grievances, given that these ideas or legal institutions that he said, following and interpreting the ancient writers and their teachers- were distinctly Western and were totally outside the Andean region, in general, and Inca reality in particular.
In effect, hence Basadre himself, in his Foundations of the history of law (Editorial Universitaria. Lima. Peru. 1967. Pp. 193-198), stated in the section related to "The Right in cultures pre-Inca ", that" in light undoubtedly variable data so far obtained, is, however, very vague in regard to aspects related to the life of the law "(...)" This advises the historian of law refrain from entering into the study of pre-Inca period, ... "
In this book, without denying the existence of Inca law, revised its claims in 1937, however, said: "Another volume discussed in detail on the right Inca" and, later, added: "It should speak of a legal rule, but to mix often with elements of a customary, religious, moral and economic. "(p. 208). Without doubt, the teacher is already immersed in the School of the Annals of the New History, and studies of Inca history with new sources worked by Murra, Pease, Rostworowski, among others already mentioned, obviously, will also change , a definitive history of Peruvian law.
Thus, 11 years later, we see that this view has been corrected slightly, strongly, in 1978, when he recognized the necessary and urgent task of rewriting the book of 1937. Affirmation that collect the long chapter "Some reviews forty-seven (sic) years later" that Basadre was added to the second edition of his important book Peru: problems and possibilities (Publishers Technical Consortium SA-COTECSA-IV Edition. Lima. 1984 .) This book, originally the first edition appeared in 1931, whose validity is recognized by all.
In fact, there Basadre Grohmann, in 1978, said: "We are currently undergoing a revolution throughout Andean history through the development of interest in matters .... "It also refers to visits or administrative reports of the colonial authorities:" In those documents speak Indians down and no relatives of the Incas or the chiefs as occurs in the chronicles. John V. Murra has been stated, with substance, that the review of the Andean world can now "go beyond the chronicles to (his) understanding from an Andean perspective too." He concludes by stressing that what was known yesterday about the Andean world, it is now "completely outdated", according to new discoveries and studies of historiography. (Pp. 265-270)
This is the history of Peruvian law and remembered our beloved teacher wanted to "rewrite" and unfortunately for Peru and all Peruvians could not do so because the June 29, 1980, God called him Father on his right, where he retains for the happiness of his beloved family, now represented by his son Jorge Basadre Ayulo, his wife Ana Maria Brazzini of Basadre, their children and grandchildren.
Atahuallpa O Atahualpa
However Pease's assertion: "It is arguable that the dominance of the Andes Tawantinsuyu never supposed total control of the territory, but the organization of sites of various kinds, that centralizing resources strategically and demographic, and from which he could organize the control of a wide Andean region, Atahualpa had no fear in accepting the proposal, given that he was the Lord of the four regions and always acted with arrogance and excessive security in those land, which had consolidated his power through conquests, alliances and redeployments, as their ancestors had, in general, and his father, Inca Huayna Capac, a great builder of Tumibampa-village where his father was born, and it became the sacred center of the north (now Ecuador), rivaling Cusco and was the subject of jealousy and distrust of the established panka navel of the world.
In this context, both as the princess Huayna Capac Palla Cusco or Tocto Atahuallpa Coca-mother-panaka belonged to the great emperor Pachacuti (ninth Inca), legal and creative archetype of the great state of Tahuantinsuyo. Consequently, Atahualpa claimed the "mascapaycha" (tassel, insignia or crown the reigning Inca) because he believed it was time to "rethink" or "create" their own Tahuantinsuyu, given that his brother Huascar, absurdly, is confronted with contempt and violence against "Panaca, which backfired for him and determined his fall," Rostworowski points. The rest is history and a summary of which is in the first few paragraphs.
Finally, we note that the District Municipality of Los Baños del Inca has built a monument to the Inca Atahualpa. Also, in the place of "ransom room" located in the city of Cajamarca, two small murals painted by artist Camilo Blas Cajamarca, whose real name is Jose Alfonso Sanchez Urteaga (Cajamarca 1910-Lima 1985). Artistic works have the issues of "Taking Cajamarca" and "The Rescue Room."
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