DRUNKENNESS AND HOMICIDE IN MALINALCO. A 17TH-CENTURY CRIME

Abstract

This article contrasts the legal literature of the ius commune —theology and law— with a legal record in New Spain during the Seventeenth century in Malinalco, involving a case of negligent homicide committed while intoxicated. Consequently, it seeks to reveal the deep connections between the various sources of the medieval law and derecho indiano, including statute law, theology, arbitrium iudicis and communis opinio doctorum.