Aztec Judicial System and Judicial Procedure

Authors

  • Peter Vyšný Trnava University in Trnava, Faculty of Law Author

DOI:

https://doi.org/10.46282/hti.2012.4.1.1288

Keywords:

Aztecs from Tenochtitlan, Aztec State Apparatus, Aztec Judicial System, Aztec Judicial Procedure

Abstract

Aztec judicial system of the city-state Tenochtitlan represented a semiautonomous part of the state apparatus. At the forefront of this system there was Aztec ruler (tlatoani) as the supreme judicial authority who a significant part of his jurisdiction delegated to several judicial authorities. The judicial system was hierarchical and centralized. The personal jurisdiction, the venue jurisdiction as well as the subject matter jurisdiction of Aztec courts were quite clearly defined. Aztec judges had to meet the demanding professional and moral criteria. Any errancy or offense concerning the exercise of their judicial office has led to its loss. Aztec judicial procedure was actively managed by the judge from its beginning until its end. It began at the initiative of a private person who brought an accusation or at the initiative of the court (the latter form of process´ introduction was applied if the court itself learned of commission of a crime). The procedure was oral. The facts of the case were carefully investigated. The only irrational form of evidence seems to be the oath. Proceedings could not last longer than eighty days. Probably, to appeal a sentence of the court was possible, but this issue is deficiently reported in the sources.

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Published

2012-06-30

Issue

Section

Studies