This study of the Guatemalan legal system during the regimes of two of Latin America’s most repressive dictators reveals the surprising extent to which Maya women used the courts to air their grievances and defend their human rights.
Winner, Bryce Wood Book Award, Latin American Studies Association, 2015
Given Guatemala’s record of human rights abuses, its legal system has often been portrayed as illegitimate and anemic. I Ask for Justice challenges that perception by demonstrating that even though the legal system was not always just, rural Guatemalans considered it a legitimate arbiter of their grievances and an important tool for advancing their agendas. As both a mirror and an instrument of the state, the judicial system simultaneously illuminates the limits of state rule and the state’s ability to co-opt Guatemalans by hearing their voices in court.
Against the backdrop of two of Latin America’s most oppressive regimes—the dictatorships of Manuel Estrada Cabrera (1898–1920) and General Jorge Ubico (1931–1944)—David Carey Jr. explores the ways in which indigenous people, women, and the poor used Guatemala’s legal system to manipulate the boundaries between legality and criminality. Using court records that are surprisingly rich in Maya women’s voices, he analyzes how bootleggers, cross-dressers, and other litigants crafted their narratives to defend their human rights. Revealing how nuances of power, gender, ethnicity, class, and morality were constructed and contested, this history of crime and criminality demonstrates how Maya men and women attempted to improve their socioeconomic positions and to press for their rights with strategies that ranged from the pursuit of illicit activities to the deployment of the legal system.
In this rich and dynamic work, David Carey Jr. provides a new perspective on contemporary Guatemalan history by allowing the indigenous peoples to speak for themselves.
Combining the methodologies of anthropology and history, Carey uses both oral interviews and meticulous archival research to construct a history of the last 130 years in Guatemala from the perspective of present-day Mayan people. His research took place over five years, including intensive language study, four summers of fieldwork, and a year-long residence in Comalapa, during which he conducted most of the 414 interviews. By casting a wide net for his interviews—from tiny hamlets to bustling Guatemala City—Carey gained insight into more than a single community or a single group of Maya.
The Maya-Kaqchikel record their history through oral tradition; thus, few written accounts exist. Comparing the Kaqchikel point of view to that of the western scholars and Ladinos who have written most of the history texts, Carey reveals the people and events important to the Maya, which have been virtually written out of the national history.
A motto of the Guatemalan organization Maya Decinio para el Pueblo Indigena (Maya Decade for the Indigenous People) is that people who do not know their past cannot build a future. By elucidating what the Kaqchikel think of their own past, Carey also illuminates the value of non-Western theoretical and methodological approaches that can be applied to the history of other peoples. Valuable to historians, anthropologists, archaeologists, or anyone interested in Mayan and Latin American studies, this book will inform as well as enchant.
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