Anyone who imagines Andean men, Indians from the colonial era, as being totally passive, indifferent and inactive against the duty imposed by the Spanish, who believes that with the conquest schematically disappeared immediately and completely legal and Inca the various orders unwritten policy that preceded the latter, initiating the development of a linear or unidirectional single right, based solely on the influence of Castilian law or permissions, who assumed from the Spanish domination and during the viceroyalty, the Incas Andean men and ceased to be absolutely the right players is fully wrong.
Well, the Spanish invasion and conquest, not annulled the historicity of the Andean people, not canceled their ability to be subject, if social actor, and failed to cancel their culture, socio-economic structures and ideological, or their customs. Inca The same legal system, although it is outdated, it is also undeniable that his fingerprints did not disappear completely immediately, as the sociological repeal of the rules governing a community organized as well Carbonnier says: it is not something that happens of the overnight, but takes its time (1)
And so, many elements of normative order Inca or more local forms of law, deeply rooted, in line with customary rights, stubbornly persisted in the fabric of Indian daily life, inter-acting with the Spanish colonial and Indian law, favored the survival of some Andean worldview, certain mythological traditions and the continuity of pre-Columbian socio-political institutions that kept the colonial regime according to their interests, such as the chiefdoms and chiefdoms, or forms of work organization and production as the mita, ayni, minka, and with all this: the survival of Andean reciprocity.
As for the Andean people, the indigenous, as author and creator of history and law, is something verifiable at least its elite, class or political thinking, which also had, overlying the collapse, I mean cosmic trauma to Indian conquest [2]; continued acting and thinking in a way adapted to new circumstances, so much so that from the last third of the sixteenth century, the survivors of that elite, explain and prosecute the Spanish invasion and subsequent defeat of his people, writing compelling legal and policy arguments, claims and defend their society. Not otherwise constitute major works of the Peruvian Andean thought, including: the Royal Commentaries of the Inca Garcilaso de la Vega and THE NEW RING AND GOOD GOVERNANCE Guaman Poma de Ayala. Both works, to name just two of the best known “chronic” of colonial Andean authors are first of all: vibrant political treaties and legal claim of Andean societies and peoples.
In this attempt, which responded well to socio-economic interests and motivations very clear, the noble Indians and mestizos, while casting his own vision of what was their society, their culture and what it meant to them the conquest gave way to a set fundamental legal ideas, controversial and crucial for their time, ideas that the right to dignified Spanish and Indian, who took and developed ideas from the conceptual contributions of distinguished Spanish jurists and humanists, such as Francisco de Vitoria and Bartolome de las Casas suited to their own vision of things, and culminating in the radical was likely to materialize eighteenth-century colonial Peru, with the outbreak of the great revolts, rebellions and uprisings indigenous INCAE cutting.
I must add that on the other hand, the sixteenth to the eighteenth century, we see that many indigenous ethnic chiefs and leaders, learned how to use legal and administrative mechanisms afforded by the colonial system, to seek improvements in their status and their dignity or to challenge institutions such as the mita or deals. This embodies the Andean man interacting with society and colonial law had been imposed.
