Global InformationLaws of Burgos information
 | This article includes a list of general references, but it lacks sufficient corresponding inline citations. (December 2015) |
The Laws of Burgos (Spanish: Leyes de Burgos), promulgated on 27 December 1512 in Burgos, Crown of Castile (Spain), was the first codified set of laws governing the behavior of Spaniards in the Americas, particularly with regard to the Indigenous people of the Americas ("native Caribbean Indians"). They forbade the slavery of the indigenous people and endorsed their conversion to Catholicism. The laws were created following the conquest and Spanish colonization of the Americas in the West Indies, where the common law of Castile was not fully applicable. Friars and Spanish academics pressured King Ferdinand II of Aragon and his daughter, Queen regnant, Joanna of Castile, to pass the set of laws in order to protect the rights of the natives of the New World.
The scope of the laws was originally restricted to the island of Hispaniola but was later extended to the islands of Puerto Rico and Santiago, later renamed Jamaica. These laws authorized and legalized the colonial practice of creating encomiendas, where Indians were grouped together to work under a colonial head of the estate for a salary, and limited the size of these establishments to between 40 and 150 people. They also established a minutely regulated regime of work, pay, provisioning, living quarters, and diet.[1] Women more than four months pregnant were exempted from heavy labor.[2]
The document also prohibited the use of any form of punishment by the encomenderos, reserving it for officials established in each town for the implementation of the laws. It also ordered that the Indians be catechized, outlawed bigamy, and required that the huts and cabins of the Indians be built together with those of the Spanish. It respected, in some ways, the traditional authorities, granting chiefs exemptions from ordinary jobs and granting them various Indians as servants.[3]
They were amended and improved in the Laws of Valladolid the following year, 1513.[citation needed]
The limited fulfillment of the laws sometimes led to protests and claims.[citation needed] Sometimes they were seen as a legalization of the previously poorer situation, which created momentum for reform, later carried out through the Leyes Nuevas ("New Laws") in 1542, a new set of stricter regulations about life in the New World including the rights of indigenous peoples, as well as the Laws of the Indies, to encompass the Papal bull and all edicts.
Generally, these laws are considered to be precursors of the declaration of human rights and international law,[4] although some scholars criticize their lack of implementation and some of its policies.[5]
- ^ Hanke 1949
- ^ Cite error: The named reference
Simpsonwas invoked but never defined (see the help page). - ^ Hussey 1939
- ^ Rafael Sánchez Domingo (2012). Las Leyes de Burgos de 1512 y la doctrina jurídica de la conquista (PDF). pp. 1–55.
- ^ Sánchez-Arcilla Bernal, José (17 September 2021). "Las Leyes de Burgos de 1512: una falacia de los Derechos Humanos. Revisión historiográfica". Cuadernos de Historia del Derecho. 28: 41–90. doi:10.5209/cuhd.77969. ISSN 1988-2521.
Imposition of a new religion, uprooting from their lands and loss of ownership thereof, restriction of freedom of movement, acculturation... The 'Burgos Laws': a complete fallacy of human rights...