Romans in a New World shows how the ancient Romans haunted the Spanish conquest of the New World, more often than not as passionately rejected models. While the conquistadors themselves and their publicists challenged the reputations of the Romans for incomparable military genius and daring, Spanish critics of the conquest launched a concerted assault upon two other prominent uses of ancient Rome as a model: as an exemplar of imperialistic motives and behavior fit for Christians to follow, and as a yardstick against which to measure the cultural level of the natives of the New...

In colonies like Quito, order was typically maintained by local, private law enforcement, while weak and impoverished bureaucratic infrastructures receded into the background. Judicial administration was therefore open to the influences of social networks, rumor, and reputation. Upholding justice was a communal rather than a state-run enterprise, and the dominating rules were social and theological rather than legal.

Herzog's combination of legal and historical analysis challenges the traditional paradigm in which the state was born under Spain's Catholic monarchs and only later exported...