Saturday, November 22, 2008

cortez on trial

This week it was my group’s turn to teach the class, and I think it went fairly well. People were frustrated because they weren’t sure whether they should use present day laws or the laws of the time to argue their cases. Even though it was frustrating, I think it was a good representation of justice on the world stage. Sometimes in less clear-cut cases it is not clear to anyone whose laws will be followed and which party is in the wrong. The theme of justice coupled with our visit to the American Indian Museum made me think about the how American Indians could have been given justice and the constraints that culture barriers generate. I think that a lot of times, ‘justice’ isn’t really justice. It is the best we can do under the circumstances, but in the end one or more of the groups involved gets the raw end of the deal. It seems like there must be some way to make things fair, but even if there was, fairness is not always justice.

I surprised myself when I began to think that Cortez was not at fault during the trial. The defense made some good points that I had not thought of before, and if I had been the jury I might have acquitted him. But the problem is, whether or not Cortez could justify what he did or blame it on someone else, thousands of American Indians were slaughtered as a result of his actions. Is justice an eye for an eye, the attempt to make things as right as possible after the fact, holding someone responsible for something that they were not at fault for or something else? After the Europeans had already conquered the Americas, there wasn’t much that one could do to fix things. It wasn’t fair that any land was taken from its rightful owners, but it wouldn’t be fair to take the land away from people who had started a new life there and had no part in the killing either.

2 comments:

Jasmine said...

It's funny, I was starting to side with the defense a bit myself. The strongest point was that Cortez was trying to conquer, and massacring all the natives would be counterproductive to his ultimate goal.

Lucas said...

DE-FENCE (stomp, stomp) DE-FENCE (stomp, stomp)

I'm glad that we were, at the very least, persuasive enough to partially convince both a neutral member and a member of the opposing team. That said, please realize we did so for the purpose of the class. The atrocious actions of Cortes were inexcusable in a modern context and repugnant even then. The Spanish belief of their own superiority blinded them to the facts of their actions, and because of this prejudice many hundreds of thousands of innocent men, women, and children died. In the big picture, there is NO justification for what he did, and unless in the future we honor instigators of genocide as heroes, Cortes should be remembered as the byproduct of prejudice and greed.