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Political Leadership and Legal Change in Zinacantan

Published online by Cambridge University Press:  01 July 2024

Abstract

This paper analyzes the role of local political leaders in channeling the impact of national development programs on the processes of dispute handling in Zinacantan, a Maya Indian community in the highlands of Chiapas, Mexico. Although the development programs have caused individual Zinacantecos to become more aware of the benefits they might obtain by appealing to remedy agents outside of the Indian community, few cases are taken to Mexican authorities because Indian leaders, who have a vested interest in handling the disputes of constituents, have sought to preserve the popularity of traditional conciliatory procedures by altering the types of settlements they suggest to disputants. As a result, traditional conciliatory procedures are flourishing, but the substance of the settlements reached through such procedures has begun to change toward conformity with codified state and national laws where those laws conflict with traditional Indian custom.

Type
Research Article
Copyright
Copyright © 1977 The Law and Society Association

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Footnotes

*

The field research was conducted during thirty-eight months between 1962 and 1970 and was supported by grants from the National Institute of Mental Health (Grant No. 02100 and Predoctoral Research Fellowship l-Fi-MH-35, 444). The analysis of political dynamics presented in the paper, however, was developed during two years of postdoctoral study (1970-1972) supported by a National Science Foundation Fellowship. A preliminary version of this paper was presented at the 1971 meetings of the American Anthropological Association, and a revised version was presented at the Center for the Study of Law and Society, University of California, Berkeley, in 1973.

References

ABEL, Richard (1974) “A Comparative Theory of Dispute Institutions in Society,” 8 Law & Society Review 217.Google Scholar
ADAMS, Richard N. (1970) “Brokers and Career Mobility Systems in the Structure of Complex Societies,” 26 Southwestern Journal of Anthropology 315.Google Scholar
AGUIRRE BELTRAN, Gonzalo (1967) Regiones de refugio; El desarrollo de la comunidad y el proceso dominical en Mestizo America. Mexico City: Instituto Indigenista Interamericano (Ediciones Especiales 46).Google Scholar
BAILEY, Frederick G. (1969) Stratagems and Spoils: A Social Anthropology of Politics. Oxford: Basil Blackwell.Google Scholar
BARNES, J. A. (1969) “The Politics of Law,” in Douglas, Mary and Kaberry, Phyllis (eds.) Man in Africa. London: Tavistock.Google Scholar
BETLEY, Brian (1971) “Otomi Juez: An Analysis of a Political Middleman,” 30 Human Organization 57.Google Scholar
BOHANNAN, Paul (1965) “The Differing Realms of the Law,” 67(6) (pt. 2) American Anthropologist 33 (Special Publication).Google Scholar
CANCIAN, Frank (1965) Economics and Prestige in a Maya Community. Stanford: Stanford University Press.Google Scholar
CANCIAN, Frank (1972) Change and Uncertainty in a Peasant Economy: The Maya Corn Farmers of Zinacantan. Stanford: Stanford University Press.Google Scholar
COHN, Bernard (1959) “Some Notes on Law and Change in North India,” 8 Economic Development and Cultural Change 79.Google Scholar
COLLIER, George (1975) The Fields of the Tzotzil. Austin: University of Texas Press.Google Scholar
COLLIER, Jane (1973) Law and Social Change in Zinacantan. Stanford: Stanford University Press.CrossRefGoogle Scholar
DENNIS, Philip (1973) “The Oaxacan Village President as Political Middleman,” 12 Ethnology 419.Google Scholar
FALLERS, Lloyd A. (1965) Bantu Bureaucracy: A Century of Political Evolution among the Basoga of Uganda. Chicago: University of Chicago Press.Google Scholar
FALLERS, Lloyd A. (1969) Law Without Precedent: Legal Ideas in Action in the Courts of Colonial Busoga. Chicago: University of Chicago Press.Google Scholar
FRIEDRICH, Paul (1965) “A Mexican Cacicazgo,” 4 Ethnology 190.Google Scholar
GEERTZ, Clifford (1963) “The Integrative Revolution: Primordial Sentiments and Civil Politics in the New States,” in Geertz, Clifford (ed.) Old Societies and New States. New York: Free Press.Google Scholar
GLUCKMAN, Max (1955) The Judicial Process Among the Barotse of Northern Rhodesia. Manchester: Manchester University Press.Google Scholar
GULLIVER, Philip (1963) Social Control in an African Society. Boston: Boston University Press.Google Scholar
HERMITTE, M. Esther (1970) Poder Sobrenatural y Control Social. Mexico City: Instituto Indigenista Interamericano (Ediciones Especiales 57).Google Scholar
HUNT, Eva and Robert, HUNT (1969) “The Role of Courts in Rural Mexico,” in Bock, Philip (ed.) Peasants in the Modern World. Albuquerque: University of New Mexico Press.Google Scholar
KIDDER, Robert (1973) “Courts and Conflict in an Indian City: A Study in Legal Impact,” 11 Journal of Commonwealth Political Studies 121.Google Scholar
MASSELL, G. (1973) “Revolutionary Law in Soviet Central Asia,” in Black, Donald and Mileski, Maureen (eds.) The Social Organization of Law. New York: Seminar Press.Google Scholar
METZGER, Duane (1960) “Conflict in Chulsanto: A Village in Chiapas,” 30 Alpha Kappa Deltan 35.Google Scholar
NADER, Laura (1964a) “Talea and Juqila: A Comparison of Zapotec Social Organization,” 48 University of California Publications in American Archaeology and Ethnology 195.Google Scholar
NADER, Laura (1964b) “An Analysis of Zapotec Law Cases,” 3 Ethnology 404.Google Scholar
NADER, Laura (1969) “Styles of Court Procedure: To Make the Balance,” in Nader, Laura (ed.) Law in Culture and Society. Chicago: Aldine.Google Scholar
NADER, Laura and Duane, METZGER (1963) “Conflict Resolution in Two Mexican Communities,” 65 American Anthropologist 584.Google Scholar
ODENYO, A. O. (1973) “Conquest, Clientage, and Land Law among the Luo of Kenya,” 7 Law & Society Review 767.Google Scholar
SELBY, Henry (1974) Zapotec Deviance. Austin: University of Texas Press.Google Scholar
SILVERMAN, Sydel (1967) “The Community-National Mediator in Traditional Central Italy,” in Potter, Jack M., Diaz, May N., and Foster, George M. (eds.) Peasant Society: A Reader. Boston: Little, Brown.Google Scholar
STARR, June and Barbara, YNGVESSON (1975) “Scarcity and Disputing: Zeroing-in on Compromise Decisions.” 2 American Ethnologist 553.Google Scholar
SWARTZ, Marc (1966) “Bases for Political Compliance in Bena Villages,” in Swartz, Marc J., Turner, Victor W. and Tuden, Arthur (eds.) Political Anthropology. Chicago: Aldine.Google Scholar
THOMAS, A. F. (1974) “Oaths, Ordeals, and the Kenyan Courts: A Policy Analysis,” 33 Human Organization 59.Google Scholar
TRUBEK, David (1972) “Toward a Social Theory of Law: An Essay on the Study of Law and Development,” 82 Yale Law Journal 1.Google Scholar
VAN VELSEN, J. (1969) “Procedural Informality, Reconciliation, and False Comparisons,” in Max Gluckman (ed). Ideas and Procedures in African Customary Law. London: Oxford University Press.Google Scholar
VOGT, Evon Z. (1969) Zinacantan: A Maya Community in the Highlands of Chiapas. Cambridge, Mass.: Harvard University Press.CrossRefGoogle Scholar
WOLF, Eric (1956) “Aspects of Group Relations in a Complex Society: Mexico,” 58 American Anthropologist 1065.Google Scholar
WOLF, Eric (1957) “Closed Corporate Peasant Communities in Mesoamerica and Central Java,” 13 Southwestern Journal of Anthropology 1.Google Scholar