欧洲殖民美洲的土著立法研究:以西班牙为例

Bongchul Kim, So-ri Lim, Suyoung Yang, Chulyong Park
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摘要

15世纪,西班牙帝国在美洲定居,并统治着拉丁美洲的土著人民。一些地区表明,这些土著甚至在统治后被征用。西班牙帝国意识到了这种情况,开始思考如何管理这些被统治的人。当时,帝国试图建立法律和纪律来承认土著人民,立法是为了保护他们的人权。尽管大陆在立法方面做出了努力,但法律的适应却是另一个问题。这项法律不仅不能起到保护的作用,而且还不能成为摆脱社会弱势群体生活的阶梯。据此,本研究将引入对16世纪西班牙帝国从事殖民业务时的土著人民和西班牙立法法律的讨论。此外,我们认为“巴利亚多利德辩论”是对土著思想认识的转折点。通过这次辩论,本研究了解了西班牙与拉丁美洲的关系以及当时对他们的待遇。重点是分析1680年合并的" Recopilación de Leyes de las Indias "并思考该法律是如何适用于他们的。这项研究将为理解西班牙帝国在殖民时期为承认该种族所做的努力提供方向。
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A Study of Indigenous Legislation in European Colonization of the Americas: Focusing on the Case of Spain
In the 15th century, the Spanish Empire had settled in America and dominated the indigenous peoples of Latin America. The some of the region showed that these native were even expropriated after the domination. The Spanish Empire recognized this situation and started to think of how to manage these people who were rulled. At that time, the empire tried to establish law and discipline for recognition of the indigenous people the legislaition was on purpose to protect the human right for them. In spite of the effort to legistlate the laws in the mainland, however, the adaptation of the laws was another problem. This law can not function as not only protection but the ladder for escaping the life of socially underprivileged. According to this, the present study will introduce the discussion of the indigenous people and legislated spainsh laws from 16th century when the Spanish Empire had been in the business of colonization. Furthermore, we thought the turning point of thoguthful recognition on the native is the ‘Valladolid debate’. Through this debate, this study found out the relationship between the Spain and Latin America and treatment of them at that time. The thing is to analyze the 『Recopilación de Leyes de las Indias』 which was merged in 1680 and to reflect on how that law was applid to them. This study would provide the direction to understand what endeavors the Spanish empire did to recognize the race during the period of colonization.
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