<HTML style="FONT-SIZE: small; FONT-FAMILY: Arial"><HEAD>
<META http-equiv=Content-Type content="text/html; charset=windows-1251">
<META content="MSHTML 6.00.6000.16825" name=GENERATOR></HEAD>
<BODY>
<P>
<DIV>
<P class=MsoNormal style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman">Jongsoo Lee’s attempt at a preemptory and dismissive post is well-timed and opens the door to allow me to speak briefly of generalities and to make some items clear.<SPAN style="mso-spacerun: yes"> </SPAN>As this post deals with generalities, it is easier to read, much less intense in focus and less compressed into journalese.<SPAN style="mso-spacerun: yes"> </SPAN>Perhaps these comments will relieve some anxieties, perhaps not.<SPAN style="mso-spacerun: yes"> </SPAN>First, I have stayed close to the facts in the sources and Lee’s handling of those facts.<SPAN style="mso-spacerun: yes"> </SPAN>This allows me to know and show precisely what Lee knows and does not know and what he does and does not do while performing the basic functions of Nahua research.<SPAN style="mso-spacerun: yes"> </SPAN>I have deliberately avoided the generalities that allow for loose argumentation!
and shifting frames of reference because I wanted to stick to the facts rather than jump to a useless and undisciplined discussion of what I maintain are faulty conclusions based on faulty facts.<SPAN style="mso-spacerun: yes"> </SPAN>In my view, it is the construction of any work from the ground up that requires examination and determines whether or not it is quality work.<SPAN style="mso-spacerun: yes"> </SPAN></FONT></P>
<P class=MsoNormal style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman"> <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p></FONT></P>
<P class=MsoNormal style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman">Second, if a person sets out to gore the sole pre-conquest Mexican national icon of law, he should at least have some knowledge of comparative law and legal anthropology and he should be prepared for a response or two.<SPAN style="mso-spacerun: yes"> </SPAN>The best I can determine is that Lee’s overall agenda is to show Nezahualcoyotl as somehow unoriginal in literary matters and so he has wandered into the legal realm and seeks “authorship” of a fresh and original set of legal rules concerning crimes and punishments by Nezahualcoyotl, even seeming to demand some certain mark of authorship on each item later in the article.<SPAN style="mso-spacerun: yes"> </SPAN>Leaving aside the fact that a fresh and original set of rules would have had scant chance of popular acceptance and would never have been attempted by a wise legal thinker, Lee should know that legal anthropologists emphatically !
dismiss lists of legal rules as important in favor of the flow of cases and decisions emanating from a legal system.<SPAN style="mso-spacerun: yes"> </SPAN>A few surviving legal rules are not a legal system.<SPAN style="mso-spacerun: yes"> </SPAN>Nor should the criminal justice system be mistaken for the entire legal system.<SPAN style="mso-spacerun: yes"> </SPAN>And one does not simply promulgate a list of rules into a vacuum that are then obeyed.<SPAN style="mso-spacerun: yes"> </SPAN>Nor can rules cover more than a small portion of human conduct, disagreement and conflict; it is for this reason that the great majority of legal systems in world history have not been rules oriented and extremely few have been legalistic in the sense of applying rules strictly to cases wherever possible.<SPAN style="mso-spacerun: yes"> </SPAN>Concepts of precedent and equity have to come into play, even if some behavior can be covered by rules.<SPAN style!
="mso-spacerun: yes"> </SPAN>And it is probably necessary to men
tion here some basic tenets of comparative law: that a legal system that has a legal code is not better (or more civilized, etc.) than one that doesn’t, and that a legal system that applies its legal rules strictly is not better than one that does not, and that a legal system that is more sophisticated is not better than one that is not (cf. our U.S. legal system).<SPAN style="mso-spacerun: yes"> </SPAN>Legal systems are like people—there is little agreement about what they are for or should be for.<SPAN style="mso-spacerun: yes"> </SPAN>Lee should read my prior post on this in Aztlan-l (Wed Jan 14 21:42:16 CST 2009)</FONT></P>
<P class=MsoNormal style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman"> <o:p></o:p></FONT></P>
<P class=MsoNormal style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman"><SPAN style="mso-spacerun: yes"> </SPAN>(</FONT><A href="http://www.famsi.org/pipermail/aztlan/2009-January/005515.html"><FONT face="Times New Roman">http://www.famsi.org/pipermail/aztlan/2009-January/005515.html</FONT></A><FONT face="Times New Roman">)</FONT></P>
<P class=MsoNormal style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman"> <o:p></o:p></FONT></P>
<P class=MsoNormal style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman">especially regarding the matter of comparing Nahua legal systems.<SPAN style="mso-spacerun: yes"> </SPAN></FONT></P>
<P class=MsoNormal style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman"> <o:p></o:p></FONT></P>
<P class=MsoNormal style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman">It is important as a researcher to maintain a little humility.<SPAN style="mso-spacerun: yes"> </SPAN>In the sense that an orange expanded to the size of the earth would allow us to see its constituent atoms as the size of cherries, if we were able to observe the Texcocan legal system in operation in 1460, it would take a half dozen trained ethnographers two or three years to capture a synchronic slice of it with some diachronic depth.<SPAN style="mso-spacerun: yes"> </SPAN>In the same way, even in this arrogant age of revisionism, we have to realize we know only a very tiny part of the content of the system and have to be extremely circumspect about what we say about it.<SPAN style="mso-spacerun: yes"> </SPAN>That is why I rely on the opinion of the people on the ground at the time, Duran and Motolinia far more than others.<SPAN style="mso-spacerun: yes"> </SPAN>They, Pomar a!
nd Ixtlilxochitl, in addition to mentioning Nezahualcoyotl’s legislative activity, praise the entire legal construction and accomplishment of Nezahualcoyotl which involved the conception, negotiation among power and ethnic blocs, design, staffing and day to day management of a system that was going strong past the time of the Spanish conquest for about a century from 1431.</FONT></P>
<P class=MsoNormal style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman"> <o:p></o:p></FONT></P>
<P class=MsoNormal style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman">Lee’s claim that Nezahualcoyotl was not an original legislator and did not legislate many legal rules is, simply put, feckless.<SPAN style="mso-spacerun: yes"> </SPAN>To legislate after all means “to create, provide or control by legislation,” with legislation meaning “the act of making or enacting laws.” And even these definitions are infused with a modern Western emphasis on rules found in few systems in world history.<SPAN style="mso-spacerun: yes"> </SPAN>The creation of the legal system and its maintenance necessarily involves initial and ongoing legislation and management of cases and decisions that might serve as future precedents or even legal rules. Legal systems need consistency to maintain public acceptance and just the management of determining and applying precedents in decisions and incorporating them or not incorporating them into a legal code in this or that area of !
their small empire, would have been a huge task, especially over Nezahualcoyotl’s reign from 1431-1472.<SPAN style="mso-spacerun: yes"> Lee needs to read up on the elaboration, complexity and expertise to be found in so many legal systems among all different sorts of societies to understand that the data we have on the Aztec system is most inadequate to appreciate its true level of sophisitication and complexity. Just unpacking the expertise in a single Aztec judge of the time would constitute a substantial part of a career for a legal anthropologist. Overall, b</SPAN>y searching in the forest for a piece of paper containing an initial, original list of rules regarding a limited number of crimes and punishments, Lee misses the trees and then disagrees with the people on the ground at the time about the nature of the forest.<SPAN style="mso-spacerun: yes"> </SPAN></FONT></P>
<P class=MsoNormal style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman"> <o:p></o:p></FONT></P>
<P class=Default style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman">Third, the same pattern that initially caught my interest in Jongsoo Lee’s article, recurs in his most recent comments and I am going to point it out before sending on my, by now, third post on this matter.<SPAN style="mso-spacerun: yes"> </SPAN>One of his comments is not fair to Patrick Lesbre.<SPAN style="mso-spacerun: yes"> </SPAN>The pattern to which I object involves inaccurate facts, false claims and damage to others’ perceptions of other people’s work, whether Nezahualcoyotl, Duran, Motolinia, Ixtlilxochitl or people from our time.<SPAN style="mso-spacerun: yes"> </SPAN>In this instance, Lee states: “I would just point out that Lesbre didn’t cite major works in English about Texcoco in his works either.<SPAN style="mso-spacerun: yes"> </SPAN>For example, Offner’s major work, Law and Politics in Aztec Texcoco and others were not even mentioned there.”<SPAN style="mso-space!
run: yes"> </SPAN>I am not sure of Lee’s frame of reference when he says “there” and “his works”—the mere three works of Lesbre that I specifically cited, his entire output through 2001 or perhaps even until today--but this certainly is a false claim and I would think it is fair to consider at least his work to 2001 and then consider his latest work.<SPAN style="mso-spacerun: yes"> </SPAN>I should mention that Lesbre publishes in French and in Spanish, so why limit the publications of native speakers of English to those in English; why not extend the criteria to such people writing in Spanish?<SPAN style="mso-spacerun: yes"> </SPAN>But even that is not necessary.<SPAN style="mso-spacerun: yes"> </SPAN>Leaving aside Dibble’s indispensable work on the <I>Codex Xolotl </I>(in Spanish), I can note that in the 1998 article on the <I>Mappe Quinatzin</I>, <I><SPAN style="mso-bidi-font-size: 18.0pt">Manumission d'esclave dans la </SPAN></I><I><SPAN style="FO!
NT-FAMILY: ALODFG+TimesNewRoman,BoldItalic; mso-bidi-font-size: 18.0pt
">Mappe Quinatzin </SPAN></I><I><SPAN style="mso-bidi-font-size: 18.0pt">?</SPAN></I><SPAN style="mso-bidi-font-size: 18.0pt"> Lesbre cites my 1983 work.<SPAN style="mso-spacerun: yes"> </SPAN>In the <I>Coyohua Itlatollo</I> work (on my short list) he cites Bierhorst’s 1992 <I>History and Mythology of the Aztec: The Codex Chimalpopoca. </I><SPAN style="mso-spacerun: yes"> </SPAN>In <I>Oublis et Censures,</I> also on my short list, he cites Bierhorst (in English) and Gillespie (in Spanish).<SPAN style="mso-spacerun: yes"> </SPAN></SPAN><SPAN style="FONT-SIZE: 11pt; mso-bidi-font-size: 12.0pt">In his 1998 </SPAN><I>Nezahualcoyotl entre historia, leyenda y divinizacion, El héroe entre el mito y la historia, </I>also on my short list, he cites Bierhorst (in English) as well as Barlow (in English). </FONT></P>
<P class=Default style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman"> <o:p></o:p></FONT></P>
<P class=Default style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman">Lesbre’s 1998 <I>Historiografia acolhua : seudo-rebelion e intereses coloniales (Ixtlilxochitl)</I><SPAN style="FONT-SIZE: 11pt; mso-bidi-font-size: 12.0pt"> cites Bierhorst, Codex Chimalpahin and a major Texcocan expert, Fred Hicks, all in English.<SPAN style="mso-spacerun: yes"> </SPAN></SPAN><SPAN style="mso-bidi-font-size: 18.0pt">In his 2000 </SPAN><SPAN style="FONT-SIZE: 11pt; mso-bidi-font-size: 12.0pt">"Onomastique indiennes coloniale (Tezcoco, XVIe siècle)” he cites Gillespie (in Spanish), Hewitt (in English), Lockhart (in English), and Barbara Williams (in English).<SPAN style="mso-spacerun: yes"> </SPAN>He also cites the U of Oklahoma Press <I>Codex Chimalpahin</I> by Anderson and Schroeder. Lesbre’s </SPAN><I>Mapas de Tepetlaoztoc (f. 208r, 209r). Cartografia indigena colonial temprana (México Central, 1554)</I> from 2001 cites Breton, Brotherston, Coy, Guzman, Leibsohn, Lo!
ckhart, Mundy, Offner, Robertson, Williams and Herb Harvey, all in English.<SPAN style="mso-spacerun: yes"> </SPAN>Skipping forward to his 2007 ECN article, he cites Berdan and Anawalt, Boone, Douglas, Lockhart, Offner and Robertson.<SPAN style="mso-spacerun: yes"> </SPAN>And this list in not exhaustive, being drawn only from the selection of articles that I have immediately at hand.<SPAN style="mso-spacerun: yes"> </SPAN>Is there a problem here with Lesbre’s knowledge of the literature generated by Americans, British or anyone else writing in English before or after 2001, especially given the scant English language offerings on the subjects on which he wrote regarding Texcoco?<SPAN style="mso-spacerun: yes"> </SPAN>Thus, Lee’s related <I>ad hominem</I> comment that I seek to personalize these issues falls rather flat.<SPAN style="mso-spacerun: yes"> </SPAN>It is not one person’s work I prefer above another’s, but the quality.<SPAN style="mso-s!
pacerun: yes"> </SPAN>But perhaps I<SPAN style="mso-spacerun: ye
s"> </SPAN>have misunderstood what Lee really meant to say and that he is not saying Lesbre is not knowledgeable on English language research.<SPAN style="mso-spacerun: yes"> </SPAN></FONT></P>
<P class=Default style="MARGIN: 0cm 0cm 0pt"><SPAN style="FONT-SIZE: 11pt; mso-bidi-font-size: 12.0pt"><FONT face="Times New Roman"> <o:p></o:p></FONT></SPAN></P>
<P class=Default style="MARGIN: 0cm 0cm 0pt"><SPAN style="FONT-SIZE: 11pt; mso-bidi-font-size: 12.0pt"><FONT face="Times New Roman"> <o:p></o:p></FONT></SPAN></P>
<P class=Default style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman">I can only observe that Lee’s understanding of the concept of “historical fact” continues to appear different from mine and I hope he masters the indiscipline that permits him to come out with such false and damaging claims as when he states in his article that I am among a rather ill-defined group of people with birth years (as far as I can determine from the Library of Congress) ranging from 1819 to 1950 who “bring into relief the peaceful and civilized image of Nezahualcoyotl as well as his anti-Mexican ideology.”<SPAN style="mso-spacerun: yes"> </SPAN>I have never imbued Nezahualcoyotl with anti-Mexican ideology, but I’ve got no problems with having portrayed him as “civilized.” A major part of my effort was to produce a clear portrait of something that could be easily understood by people outside of Aztec studies—Aztec law—that would offset the perpetual Aztec “apocalypto” to which they are !
always subjected.<SPAN style="mso-spacerun: yes"> </SPAN>The expression “bring into relief” is imprecise, but I suppose it was for nothing that I wrote many pages in 1983 that recounted the (non-peaceful) wars of Nezahualcoyotl and his cooperation with the Mexica during them and after them.<SPAN style="mso-spacerun: yes"> </SPAN>I also wrote about the Mexica ruler Itzcoatl’s early activities and holdings near Tollantzinco (follow the obsidian…), on interlocking land holdings and on tribute being paid by towns and other entities to more than one entity, and on Texcoco rapidly losing power to Tenochtitlan, and I wrote an entire article on human sacrifice, prisoner capture and how they related to the ideology involved in Texcocan political divisions in 1979.<SPAN style="mso-spacerun: yes"> </SPAN>These ideas were common knowledge in the discipline by that time, in the same way it was understood Nezahualcoyotl was not against human sacrifice.<SPAN !
style="mso-spacerun: yes"> </SPAN>(OK, the jury was still offici
ally out on the otiose high god, monotheism issue, but most people did not take it too seriously by that time and my interest in religious affairs has always been peripheral).<SPAN style="mso-spacerun: yes"> </SPAN>I have trouble seeing the novelty in Lee’s work other than this insistence on authoring legal rules when the various dots are connected and this counter-productive research strategy of overemphasizing the limited similarities in the few reports of legal rules.<SPAN style="mso-spacerun: yes"> </SPAN>Legal anthropologists would be urging us to look elsewhere to understand what was really going on in Nahua law.<SPAN style="mso-spacerun: yes"> </SPAN></FONT></P>
<P class=Default style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman"> <o:p></o:p></FONT></P>
<P class=Default style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman">And by the way, an observation in that article on prisoner capture is part of the confirmation of the identity of Nezahualcoyotl in the <I>Codex de Xicotepec</I>.<SPAN style="mso-spacerun: yes"> </SPAN>The most honorable captor position was the first position.<SPAN style="mso-spacerun: yes"> </SPAN>The person Lee mistakes for Nezahualcoyotl in Section 10 is only in fourth position in the prisoner capture scene and his son is in fifth position—hardly fitting for an overlord.<SPAN style="mso-spacerun: yes"> </SPAN>Instead, the principal captor is the town founder of Cuauchinanco from Section 9, followed by his sons in second and third position.<SPAN style="mso-spacerun: yes"> </SPAN>The person that Lee mistakes for Nezahuacoyotl is instead the town founder of Xicotepec.<SPAN style="mso-spacerun: yes"> </SPAN>In addition, it is Thouvenot’s determination, not mine, that the gl!
yph in Section 10 is not a <I>coyo</I>-based glyph but a <I>xolo</I>-based glyph and therefore not Nezahualcoyotl’s and he speaks with rather more authority on glyphs than Lee or me.<SPAN style="mso-spacerun: yes"> </SPAN>The irony is that when Nezahualcoyotl does show up in the Section 16 of the <I>Codex de Xicotepec</I>, he is on a peaceful trip bringing a wife or wives for the local ruler or rulers and assigning tequitl or domestic service to support them, assuring the local rulers’ place in the new world order.<SPAN style="mso-spacerun: yes"> </SPAN>Evidently, he was remembered in such a happy, peaceful light by the ruling people in Xicotepec in the mid-sixteenth century, but I can note, he does come wearing the Tenochcan or Triple Alliance hegemonic warrior hairdo at the same time.<SPAN style="mso-spacerun: yes"> </SPAN>(This article is in press and my presentation on it is scheduled for the ICA this Summer in Mexico).<SPAN style="mso-spacerun: yes">&!
nbsp; </SPAN>The avenues for argument about this issue are closi
ng down, although one can argue about anything I suppose … It is interesting that the codex does exhibit a two tier system a bit like the Tira de Tepechpan in many of its sections, especially towards the end, with Cuauhchinanco's affairs at the top and Xicotepec's at the bottom. </FONT></P>
<P class=Default style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman"> <o:p></o:p></FONT></P>
<P class=Default style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman">My concern, however, is centrally with Nezahualcoyotl and his city of Texcoco and false claims made about them and it is for that reason that I am going to pursue the matter on a fact-level basis in the next post.<SPAN style="mso-spacerun: yes"> </SPAN>It will be focused and in journalese.<SPAN style="mso-spacerun: yes"> </SPAN></FONT></P>
<P class=Default style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman"> <o:p></o:p></FONT></P>
<P class=Default style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman">Finally—what’s my motivation?<SPAN style="mso-spacerun: yes"> </SPAN>Principally, it is keeping the Western perception of this important legal figure on track.<SPAN style="mso-spacerun: yes"> </SPAN>I have worked in private industry for nearly three decades and plan to stay there.<SPAN style="mso-spacerun: yes"> </SPAN>I had dropped out of active study due to my clients’ needs until Stresser-Pean published the <I>Codex de Xicotepec</I>.<SPAN style="mso-spacerun: yes"> </SPAN>Being at the time one of about a dozen people who might have more to say about this document, and not seeing anyone saying much, I started looking at it every night.<SPAN style="mso-spacerun: yes"> </SPAN>After about two years, I stumbled on Lesbre’s review of it and was shocked (“yes, shocked”) to see how far ahead his analysis had gotten in similar time, without him even actively pursuing it.<SPAN st!
yle="mso-spacerun: yes"> </SPAN>I decided I needed to raise my game and contacted him.<SPAN style="mso-spacerun: yes"> </SPAN>He required me to study Thouvenot, and some people in the field whom I had never met arranged a visit to the Stresser-Peans in Mexico a few years ago.<SPAN style="mso-spacerun: yes"> </SPAN>And Marc Thouvenot has been astonishingly generous with his time during recent trips to Paris and the south of France, with help in one instance from the very sharp Sybille de Pury. </FONT></P>
<P class=Default style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman"> <o:p></o:p></FONT></P>
<P class=Default style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman">Now I remain “in it” for the puzzles and the opportunity to find out more about the small empire that Texcoco had to the east of the Basin of Mexico.<SPAN style="mso-spacerun: yes"> </SPAN>It is a structured, dependable diversion from work. There are several areas in Aztec law that still beg addressing—one of which is an intensive effort to understand the legal system in Tenochtitlan.<SPAN style="mso-spacerun: yes"> </SPAN>Sylvie Peperstraete, in her most excellent study of the Cronica X has just made this even more difficult by pointing out that there is a very good chance that the legal reforms ascribed to Moteuczoma I, which were mostly concerned with palace or household law in any event, were thrust back in time from Moteuczoma II’s period.<SPAN style="mso-spacerun: yes"> </SPAN>Another project would be to study the ethnoscience or ethnojurisprudence of some Nahua legal terms and !
concepts.<SPAN style="mso-spacerun: yes"> </SPAN>What were or are the Nahua words, for example, for illegal taking and what do they tell us about Nahua culture and jurisprudence?<SPAN style="mso-spacerun: yes"> </SPAN>Still another would be to gather and try to understand the additional Nahua land tenure terms that colonial researchers have been turning up at a pretty good rate.<SPAN style="mso-spacerun: yes"> </SPAN>Still another is to study the scant and scattered indigenous legal system information in the RG’s from Central Mexico to see if anything interesting “falls out.” </FONT></P>
<P class=Default style="MARGIN: 0cm 0cm 0pt"><FONT face="Times New Roman"> <o:p></o:p></FONT></P><SPAN style="FONT-SIZE: 12pt; FONT-FAMILY: 'Times New Roman'; mso-fareast-font-family: 'Times New Roman'; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA">So there it is, that’s my motivation.</SPAN></DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV>Jerry Offner</DIV>
<DIV><A href="mailto:ixtlil@earthlink.net">ixtlil@earthlink.net</A></DIV>
<DIV> </DIV>
<DIV> </DIV>
<P></P></BODY></HTML>