This book is the result of a collective effort by a group of scholars from Latin America, Europe, and the USA, who together wished to write a legal history that would center on the common experiences of Latin American societies over a long period, which began before Europeans invaded the continent and continue to date. The aim was to identify a narrative that would observe common trends, manifest the dramatic shifts that had occurred throughout this period, and insert these findings into a wider perspective. This in turn would reveal that debates taking place in Latin America were often linked to discussions transpiring elsewhere, to which they both contributed and from which they received input and inspiration. Our first aim, therefore, is to craft a pan-Latin American narrative and insert it into a global perspective. Our second aim is to propose a new methodology that places at the center questions rather than answers, processes rather than results, and contexts rather than descriptions of solutions. We also want to demonstrate the multiple levels on which law operates and how deeply it is embedded in social, political, cultural, and economic processes.

It is habitual among scholars to suggest that European nations were formed during, and to some degree because of, the colonial expansion.1 Many argue that this expansion, which placed colonizers in opposition to the natives they sought to control, to other Europeans with whom they competed, and to the large African population that they enslaved, led to the emergence of new identities. In the Spanish case, it enabled the move from multiple local distinctions to a unitary national designation, allowing individuals originating from the different Iberian kingdoms (Castile, Navarre, Aragón, and so forth) to assume a single identity as Spaniards. While some scholars pointed to the formation of nations (or proto-nations), others concluded that the colonial experience led Europeans to think of themselves as participants in a community, members of which belonged to a particular race. Imagining themselves to be distinct from both natives and Africans, these Europeans refashioned themselves as “white.”2