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Figures and Fictions of Venture Capital and the Law in Conquista

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Figures and Fictions of Venture Capital and the Law in Conquista Love Interest: Figures and Fictions of Venture Capital and the Law in Conquista The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Legnani, Nicole Delia. 2014. Love Interest: Figures and Fictions of Venture Capital and the Law in Conquista. Doctoral dissertation, Harvard University. Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:12274462 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA Love Interest: Figures and Fictions of Venture Capital and the Law in Conquista A dissertation presented by Nicole Delia Legnani to The Department of Romance Languages in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the subject of Hispanic Literature Harvard University Cambridge, Massachusetts May 2014 © 2014 Nicole Delia Legnani All rights reserved. iii Professor José Rabasa Nicole Delia Legnani Love Interest: Figures and Fictions of Venture Capital and the Law in Conquista Abstract Inspired by the visual allegory ("Conquista, embarcáronse a las Indias" fol. 73 of the Nueva corónica), Legnani contends that the development of the laws of peoples (jus gentium) by 16th century Spanish jurists should be analyzed within the corpus of commercial law (lex mercatoria) employed by sea merchants, bankers and mercenaries throughout the 15th and 16th centuries. This dissertation explores the movement from figure to fiction in discourses of capital and violence. What is Conquista? The first chapter contends that seafaring enterprises existed without the boundaries of land-based law and operated on the basis of two exceptions: first, the prohibition against charging interest (usury) was condoned in partnerships for overseas ventures; second, the profession of respect for jus gentium gave way before the universal imperative of free trade and evangelization. Via metalepsis, the practices of venture capital gained legitimacy in the process of becoming the imperial habitus of conquista. iv How did the metalepsis of venture capital work in the Indies, oftentimes with catastrophic consequences? The second chapter traces the metalepsis of “love interest,” i.e. the synonymous use and understanding of caritas and cupiditas, as developed in the contracts (capitulaciones) signed between Crown, Church and conquistadors and the laws codified to regulate the imperial enterprise, based almost entirely on indigenous labor and tribute, and make it more productive. The requerimiento, Laws of Burgos, 1526 Ordenanzas, Leyes nuevas (1543) and 1573 Ordenanzas, along with contemporary capitulaciones with Pedrarias Dávila and Francisco Pizarro receive close readings. The third chapter analyzes the subordination of caritas to cupiditas in José de Acosta’s De procuranda indorum salute. Written to assuage the conscience of the Spanish sovereign, and in dialogue with the specters of Bartolomé de las Casas, Acosta offers to reform evangelization and empire in the Indies, by reinforcing the synonymous use of love and interest. Finally, the metonymic relationship between jus gentium and empire receives full consideration in the fourth chapter, which analyzes the bid of the curacas, indigenous elites of the Andes, for incorporation into the Spanish Crown in 1561. v TABLE OF CONTENTS Page ABSTRACT iii DEDICATION vi EPIGRAPH vii ACKNOWLEDGMENTS viii INTRODUCTION 1 CHAPTER 1: 23 Contracting Subjects: Venture Capital and Conflicts of Interest CHAPTER 2: 73 (En)Forcing Love Interest: Contracts and the Law in the Conquista of America CHAPTER 3: 128 The Specters of Las Casas in the Political Theology of José de Acosta CHAPTER 4: 181 Doing the Bidding of Empire: the Curacas Negotiate Dominion with Philip II EPILOGUE 233 WORKS CITED 243 vi A mi hija, Francesca vii Amor, ch’a nullo amato amar perdona, Mi prese del costui piacer sì forte, Che, come vedi, ancor non m’abbandona viii Acknowledgements Given the subject matter, it is more than fitting that this dissertation should begin with a list of the people and the institutions to which I, its author, acknowledge my debt, with little hope of providing adequate reward for all the emotional, intellectual and material support that I have received throughout this endeavor. It was a privilege and an inspiration to work with José Rabasa, whose ongoing generosity, patience, sense of humor and encouragement never fail to surprise and guide me. Thank you for challenging me to embrace the questions as they arose in writing; questions that had to be raised because they have no easy answers. I am so fortunate to have been on the receiving end of your mentorship and dedication during your tenure here at Harvard University. Mary Malcolm Gaylord has been my teacher, mentor and friend since I was a first year at the College. Your attention to detail, argument and structure is without parallel. Thank you for your patience and support, and for believing in the salience of this project from the very beginning. Above all, thank you for your unflagging belief in me and my scholarship. Much gratitude is owed to Luis Girón Negrón for his comments on the theological arguments and corrections, especially to the texts in Latin. Any errors continue to be my own. Thank you for your ongoing encouragement of my love for translation, medieval culture and texts, and my interdisciplinary interests. I have been able to count on your support for over a decade! ix Luis Cárcamo Huechante, many thanks for involving me in your activism and scholarship over the years and for your insightful comments, suggestions and steadfast support for my work. It is difficult to imagine doing what I do today without the influence of my parents, Augusto and Josefina Legnani. I would also like to thank José Antonio Mazzotti for recognizing my vocation when I was an undergraduate and for encouraging and supporting my first foray into colonial studies. Many thanks are in order to DRCLAS and Romance Languages and Literatures for their financial support for the research and writing of this dissertation. To Christopher M. Morse, many thanks for your friendship and care, for the soup, dog walking, Ru Paul nights, and (ego) massages; most of all, thank you for your wholehearted embrace of “unclehood.” To my sister (in-law), Andrea Gamio Felipa, I could not have done this without your love, encouragement and sustenance over the past year. Thank you for being here. Thanks also to Roger Assezbian, Clio and Mark Bildman, Lotte Buiting, Ilana Brito, Dick Cavanagh, Rodolfo Cerrón Palomino, Tom Cummins, Luisa Felipa de Gamio, Pedro Gamio Felipa, Pedro Gamio Martínez, Goretti González, Verónica González, V. Judson Harward, Bob Higgins, Obed Lira, Salomón Lerner Febres, Melissa Machit, Giuseppe Mazzotta, María Rosa Menocal (que en paz y amor descanses), Afsaneh Najmabadi, María Ospina, Peter Pine, Jean Ryoo, Frank Salomon, Angélica Serna, Lois Stanley, Sarah x Winifred Searle, Mary and Steven Swig, Jorge Téllez Vargas, and Emily Westfal. Finally, this project would not have come to fruition without Fernando Gamio Felipa. Thank you for playing your various roles as husband, friend, advocate and first reader over the years; for our beautiful, intelligent and sassy daughter; for your books; for loving me fiercely, and unequivocally. Though as spouses we have parted ways, you and I remain best friends and family. For this I remain forever grateful. Yours, -N.D.L. Introduction i I 1 Fig. 1 . Felipe Guamán Poma de Ayala, “Conquista: Embarcáronse a las Indias” fol. 73, El primer nueva corónica y buen gobierno (1615), A Digital Research Center of the Royal Library, Copenhagen, Denmark 2 Une figure est (déjà) une petite fiction, en ce double sens qu’elle tient généralement en peu de mots, voire en un seul, et que son caractère fictionnel est en quelque sort atténue para l’éxiguïté de son véhicule et, souvent, par la fréquence de son emploi, qui empêchent de percevoir la hardiesse de son motif sémantique: seuls l’usage et la convention nous font accepter comme banale une métaphore comme “déclarer sa flamme”, une métonymie comme “boire un verre,” ou une hyperbole comme “morte de rire”. La figure est un embryon, ou, si l’on prèfère, un esquisse de fiction.1 Gérard Genette, Métalepse : De la figure à la fiction Conquista. Embarcáronse a las Indias. (Conquest. They set sail for the Indies.) Felipe Guamán Poma de Ayala, a Christian Yarivilca of Huamanga in the Viceroyalty of Perú, wrote his Nueva Corónica and Buen Gobierno (1615) for Philip III of Spain (r. 1598-1621). The manuscript, held at the Royal Library of Denmark in Copenhagen, narrates the times of the Pre-Inca, the Inca, the Spanish Conquest and the Colony, and prescribes remedies for the ills and injustices of the Spanish empire. There is a logical leap in the title between the “new chronicle” of the past and his prescriptions for good government. The future, at least one of “good government,” depends on a “new” presentation of past events. It is but one instance of the figure of metalepsis, broadly 1 “A figure is (already) a little fiction, in the double sense that it usually takes but a few words, or even one, and its fictional character is mitigated by the smallness of its vehicle and, often, by the frequency of its use, which prevents the perception of the audacity of its semantic pattern: only use and convention make us accept as commonplace a metaphor such as ‘declare his flame (love),’ a metonymy such as ‘drink a glass,’ or hyperbole such as ‘die of laughter.’ The figure is an embryo, or, if one prefers, a sketch of fiction” (translation mine 17). 3 understood, ever since Aristotle defined it in his Poetics as the employment of one word for another, in a transference of meaning that comprised the use of figurative language, especially synonymy, metonymy and metaphor.
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