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After many years during which indigenous laws were mostly absent from narratives of Latin American law, presently, legal historians wish to integrate them. However, to do so requires answering the question of what we know about indigenous laws and how we can approach them. Writing the history of indigenous laws from precolonial times is especially challenging not only because of the diversity of human groups that occupied the continent, but also because of the disparity of available sources, ranging from material vestiges and pictographic documents to texts produced in indigenous writing systems. Furthermore, the colonial period has left us with a wide range of alphabetic texts, diverse in authorship, languages, formats, degree of accuracy, and sources selected, that describe precolonial law. Indigenous peoples, mestizos, and Spaniards also wrote historical narratives and accounts of deeds and services; furthermore, they participated as litigants in lawsuits in which they expressed their vision of law and justice. What does this evidence tell us about precolonial normative orders and the way in which they intersected with colonial law after the Iberian imperial conquests? To answer this question, this chapter proposes an interdisciplinary approach, surveying what has been done, and what could still be done.
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