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BUSINESS LAW AND STRATEGY

Sean P. Melvin
Elizabethtown College

David Orozco
Florida State University

F. E. Guerra-Pujol
University of Central Florida

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TEACHING FEATURES RELATED TO REINFORCEMENT

At the Beginning of Each Chapter
■ Thinking Strategically Opener Each chapter in this textbook features a Thinking Strategically
chapter opener and a Thinking Strategically problem-solution format at the end of the
chapter to help students understand law and strategy in a real-world context.
■ Learning Objectives Checklist Dynamic learning objectives allow for assessment tied to
AACSB Standards and Bloom’s Learning Taxonomy.
■ Chapter Overview A one-paragraph introduction previews the contents of the chapter and
piques students’ interest in the subject matter.

Throughout the Textbook

■ Takeaway Concepts Each major section of each chapter features a bullet-pointed summary
that features “takeaways” designed to help students focus on big-picture concepts.
■ Flowcharts, Tables, and Charts Generous use of visual learning techniques appear through-
out to help students process text concepts and black-letter law.
■ Quick Quiz A four- to five-question feature throughout the text, the Quick Quiz provides
students an opportunity to apply black-letter law and case law to short, practical situa-
tions and to check their work before moving on in the text.

At the End of Each Chapter

■ Thinking Strategically Exercise A Thinking Strategically exercise begins with a real-world
legal dilemma faced by an individual or business. Through a series of multiple-choice
questions and a critical thinking exercise, students work through various strategic consid-
erations from the topics covered in the chapter.
■ Key Terms An end-of-chapter alphabetical listing of important terms/explanations that
are bolded in the text reinforces the chapter’s new terminology.
■ Case Summaries Two to five brief case summaries (one or two paragraphs) are included
along with a heading for each that indicates its general topic reference to the chapter as
well as several questions about the case.
■ Chapter Review Questions Short self-check multiple-choice and true/false questions with
answers and explanations offer a quick review of key concepts and terminology.

OTHER PROGRAM FEATURES

Connect
McGraw-Hill Connect® is a highly reliable, easy-to-use homework and learning manage-
ment solution that utilizes learning science and award-winning adaptive tools to improve
student results. Connect assignment types include a variety of auto-gradable options that
provide students with instant feedback and progress tracking. Interactive applications like
decision generators, video cases, and timelines require students to apply key concepts to
scenarios. Concept check questions and the test bank offer opportunities to assess students’
mastery of key content.

Connect’s Business Law Application-Based

Activities (ABAs)
Application-based activities for business law provide students valuable practice using
­problem-solving skills to apply their knowledge to realistic scenarios. Students progress

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from understanding basic concepts to using their knowledge to analyze complex scenarios
and solve problems. Application-based activities have been developed for the topics most
often taught (as ranked by instructors) in the business law course. These unique activities
are assignable and auto-gradable in Connect.

Mariusz Szczawinski/Alamy Stock Photo

SmartBook® 2.0
Available within Connect, SmartBook 2.0 is an adaptive learning solution that provides per-
sonalized learning to individual student needs, continually adapting to pinpoint knowledge
gaps and focus learning on concepts requiring additional study. SmartBook 2.0 fosters more
productive learning, taking the guesswork out of what to study, and helps students better
prepare for class. With the ReadAnywhere mobile app, students can now read and complete
SmartBook 2.0 assignments both online and off-line. For instructors, SmartBook 2.0 pro-
vides more granular control over assignments with content selection now available at the
concept level. SmartBook 2.0 also includes advanced reporting features that enable instruc-
tors to track student progress with actionable insights that guide teaching strategies and
advanced instruction, for a more dynamic class experience.

Ancillaries
A turnkey instructor package with chapter PowerPoint presentations, a test bank, teaching
notes, and lecture outlines provides a basic foundation upon which to build classroom
presentations.

Business Law Newsletter

McGraw-Hill Education’s monthly business law newsletter, Proceedings, is designed specifi-
cally with the business law educator in mind. Proceedings incorporates “hot topics” in busi-
ness law, video suggestions, an ethical dilemma, teaching tips, and a “chapter key” that
cross-references newsletter topics with the various McGraw-Hill Education business law
textbooks. Proceedings is delivered via e-mail to business law instructors each month. Please
visit successinhighered.com/businesslaw/ for the latest edition.

Roger CPA Review

McGraw-Hill Education has partnered with Roger CPA Review, a global leader in CPA
Exam preparation, to provide students a smooth transition from the accounting classroom
to successful completion of the CPA Exam. While many aspiring accountants wait until
they have completed their academic studies to begin preparing for the CPA Exam, research

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shows that those who become familiar with exam content earlier in the process have a stron-
ger chance of successfully passing the CPA Exam. Accordingly, students using these
McGraw-Hill materials will have access to sample CPA Exam multiple-choice questions and
task-based simulations from Roger CPA Review, with expert-written explanations and solu-
tions. All questions are either directly from the AICPA or are modeled on AICPA questions
that appear in the exam. Task-based simulations are delivered via the Roger CPA Review
platform, which mirrors the look, feel, and functionality of the actual exam. McGraw-Hill
Education and Roger CPA Review are dedicated to supporting every accounting student
along their journey, ultimately helping them achieve career success in the accounting profes-
sion. For more information about the full Roger CPA Review program, exam requirements,
and exam content, visit www.rogercpareview.com.

Writing Assignments
As part of a larger set of learning activities that provide students with core course content as
well as opportunities to practice the skills they need to develop, the new MH writing assign-
ment toolset offers faculty the ability to assign a full range of writing assignments to stu-
dents (both manual-scoring and auto-scoring) with just-in-time feedback. You may set up
manually scored assignments in a way that students can
■ automatically receive grammar and high-level writing feedback to improve their writing
before they submit their project to you;
■ run Originality checks and receive feedback on “exact matches” and “possibly altered
text” that includes guidance to properly paraphrase, quote, and cite sources to improve
the academic integrity of their writing before they submit their project to you.
The new writing assignment will also have features that allow you to assign milestone
draft (optional), easily re-use your text and audio comments, build/score with your rubric,
and review your own Originality report of student work.
In addition, you may choose from a set of auto-scored, short-answer questions that allow
you to add lower-stake writing activities to your course without adding significant grading
and feedback to your workload; these promote critical thinking/conceptual understanding
of course content and provide students with instantaneous feedback.

AACSB
McGraw-Hill Education is a proud corporate member of AACSB International. The authors
of Business Law and Strategy understand the importance and value of AACSB accreditation
and recognize the curricular guidelines detailed in the AACSB standards for business
accreditation by connecting selected questions in the test bank to the general knowledge
and skill guidelines in the AACSB standards.
The statements contained in Business Law and Strategy are provided only as a guide for
the users of this textbook. The AACSB leaves content coverage and assessment within the
purview of individual schools, the mission of the school, and the faculty. Although Business
Law and Strategy, and the teaching package, make no claim of any specific AACSB qualifi-
cation or evaluation, we have within Business Law and Strategy labeled selected questions
according to the AACSB general knowledge and skill areas.

Instructor’s Manual
The Instructor’s Manual is designed to be an effective course management tool and an
integral part of the turnkey approach used throughout the supplementary material pack-
age. The features and format are intended to give instructors maximum flexibility to deter-
mine and produce high-quality course content. The IM also has a special “Day One”
section addressing important fundamental course decisions for instructors who are new
to the course.

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PowerPoint Presentation
Each chapter has a PowerPoint presentation that offers additional support by providing
detailed teaching notes, particularly for more complex topics.

Test Bank
The test bank allows instructors to custom-design, save, and generate tests. The test bank
includes multiple-choice, true-false, fill-in-the-blank, and essay questions for every chapter in
the text. To help instructors meet the requirements of AACSB, each question is tagged with
the corresponding chapter learning objective and applicable AACSB categories.

Test Builder in Connect

Available within Connect, Test Builder is a cloud-based tool that enables instructors to for-
mat tests that can be printed or administered within an LMS. Test Builder offers a modern,
streamlined interface for easy content configuration that matches course needs, without
requiring a download.
Test Builder allows you to:
■ access all test bank content from a particular title.
■ easily pinpoint the most relevant content through robust filtering options.
■ manipulate the order of questions or scramble questions and/or answers.
■ pin questions to a specific location within a test.
■ determine your preferred treatment of algorithmic questions.
■ choose the layout and spacing.
■ add instructions and configure default settings.
Test Builder provides a secure interface for better protection of content and allows for
just-in-time updates to flow directly into assessments.

Tegrity: Lectures 24/7

Tegrity in Connect is a tool that makes class time available 24/7 by automatically cap­turing
every lecture. With a simple one-click start-and-stop process, you capture all computer
screens and corresponding audio in a format that is easy to search, frame by frame. Students
can replay any part of any class with easy-to-use, browser-based viewing on a PC, Mac, iPod,
or other mobile device.
Educators know that the more students can see, hear, and experience class resources, the
better they learn. In fact, studies prove it. Tegrity’s unique search feature helps students
efficiently find what they need, when they need it, across an entire semester of class record-
ings. Help turn your students’ study time into learning moments immediately supported by
your lecture. With Tegrity, you also increase intent listening and class participation by eas-
ing students’ concerns about note taking. Using Tegrity in Connect will make it more likely
you will see students’ faces, not the tops of their heads.

Assurance of Learning Ready

Many educational institutions today are focused on the notion of assurance of learning, an
important element of some accreditation standards. Business Law and Strategy is designed
specifically to support your assurance of learning initiatives with a simple, yet powerful solu-
tion. Each test bank question for Business Law and Strategy maps to a specific chapter learn-
ing objective listed in the text. You can use our test bank software, Test Builder, or Connect
to easily query for learning objectives that directly relate to the learning objectives for your
course. You can then use the reporting features of Test Builder to aggregate student results
in similar fashion, making the collection and presentation of assurance of learning data
simple and easy.

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FOR INSTRUCTORS

You’re in the driver’s seat.

Want to build your own course? No problem. Prefer to use our turnkey,
prebuilt course? Easy. Want to make changes throughout the semester?
65%
Sure. And you’ll save time with Connect’s auto-grading too. Less Time
Grading

They’ll thank you for it.

Adaptive study resources like SmartBook® 2.0 help
your students be better prepared in less time. You
can transform your class time from dull definitions to
dynamic debates. Find out more about the powerful
personalized learning experience available in
SmartBook 2.0 at www.mheducation.com/highered/
connect/smartbook
Laptop: McGraw-Hill; Woman/dog: George Doyle/Getty Images

Make it simple, Solutions for your

make it affordable. challenges.
Connect makes it easy with seamless A product isn’t a solution. Real
integration using any of the major solutions are affordable, reliable,
Learning Management Systems— and come with training and
Blackboard®, Canvas, and D2L, among ongoing support when you need it
others—to let you organize your course and how you want it. Our Customer
in one convenient location. Give your Experience Group can also help
students access to digital materials at you troubleshoot tech problems—
a discount with our inclusive access although Connect’s 99% uptime
program. Ask your McGraw-Hill means you might not need to call
representative for more information. them. See for yourself at status.
mheducation.com
Padlock: Jobalou/Getty Images Checkmark: Jobalou/Getty Images

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FOR STUDENTS

Effective, efficient studying.

Connect helps you be more productive with your study time and get better grades using tools like
SmartBook 2.0, which highlights key concepts and creates a personalized study plan. Connect sets you
up for success, so you walk into class with confidence and walk out with better grades.

Study anytime, anywhere. “I really liked this

Download the free ReadAnywhere app and access your app—it made it easy
online eBook or SmartBook 2.0 assignments when it’s to study when you
convenient, even if you’re offline. And since the app don't have your text-
automatically syncs with your eBook and SmartBook 2.0
assignments in Connect, all of your work is available book in front of you.”
every time you open it. Find out more at
www.mheducation.com/readanywhere - Jordan Cunningham,
Eastern Washington University

No surprises.
The Connect Calendar and Reports tools keep you on track with the
work you need to get done and your assignment scores. Life gets busy;
Connect tools help you keep learning through it all.

Calendar: owattaphotos/Getty Images

Learning for everyone.

McGraw-Hill works directly with Accessibility Services
Departments and faculty to meet the learning needs
of all students. Please contact your Accessibility
Services office and ask them to email
accessibility@mheducation.com, or visit
www.mheducation.com/about/accessibility
for more information.
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acknowledgments

We owe a great deal of gratitude to the professionals at McGraw-Hill Education.

Although many worked diligently with us in developing this book over several years, we
are especially grateful for the skills and experience of the Business Law and Strategy
team. Our Managing Director Tim Vertovec provided expert guidance and a steady hand
in navigating stormy publishing waters. Our Executive Portfolio Manager Kathleen Klehr
was a tireless advocate for the project and helped us to become market-savvy as we devel-
oped ideas into chapters and digital features. Jaroslaw Szymanski and Allie Kukla, the
product developers, and Lori Koetters and Angela Norris, the content project managers,
helped us to stay focused and prioritize our work. We owe the entire team special thanks
for their patience, flexibility, and industriousness. Professors Constance Bagley and
Robert Bird were two pioneers of legal strategy who provided inspiration for a textbook
that integrated strategy.
Throughout the development of this book, we have been privileged to have the candid
and valuable advice of our reviewers and focus groups. Our reviewers provided us with
priceless suggestions, feedback, and constructive criticism. The depth and sincerity of
their reviews indicate that they are a devoted group of teacher-scholars. The content of
the book was greatly enhanced by their efforts.

Ross Allen H. Neil Broder

Rutgers University–Camden Kean University; Fairleigh Dickinson
Thomas Anthony University
Central Michigan University Diana Brown
Valeriya Avdeev Sam Houston State University
William Patterson University Elizabeth Brown
Colleen Baker Bentley University
University of Oklahoma–Price College of Joan Bukowski
Business Erie Community College
Jennifer Barger Johnson Mary Allison Burdette
University of Central Oklahoma Emory University
Louis Benedict Debra Burke
Bowling Green State University Western Carolina University
Neil Benjamin Stacey Callaway
Howard Community College Rowan College of South Jersey
Curtis Blakely Elizabeth Cameron
Ivy Tech Community College of Indiana Alma College
Justin Blount Thomas Cavenagh
Stephen F. Austin State University North Central College
William Bradley Machiavelli Chao
Azusa Pacific University University of California Irvine
Carol Brady Larry Covell
Milwaukee Area Technical College Jefferson Community College

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Patrick Creehan Heidi Helgren

Flagler College–St. Augustine Delta College
Howard Davidoff Christie Highlander
Brooklyn College Southwestern Illinois College
Mark DeAngelis John Holden
University of Connecticut–Storrs Oklahoma State University
Gustavo Demoner Thomas Hughes
West Los Angeles College University of South Carolina
Timothy Durfield Jill Jasperson
Citrus College Utah Valley University–Orem
Frank Edgar Robert Johnson
Christopher Newport University College of the Canyons
Phillip Entzminger Judy Kalisker
Western Illinois University Boston University
Ronald Feinberg Michael King
Suffolk County Community College Wake Tech Community College
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Clark College Salt Lake Community College
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Foothill College Massasoit Community College
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Plymouth State University San Diego Mesa College
Richard Fountain Sondi Lee
University of West Florida Camden County College
Linda Fried Richard Lewis
University of Colorado–Denver Los Angeles City College
Anthony Gabel Lucas Loafman
Fort Hays State University Texas A&M University–Central Texas
Ken Gaines Ivan Lowe
East West University York Technical College
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University of Akron University of Central Oklahoma
Shelly Grunsted Trina Lynch-Jackson
University of Oklahoma–Norman Ivy Tech Community College–Lake County
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Orange County Community College Pace University
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Indian River State College–Central Bradley University
Charles Hartman Michael Mass
Cedarville University American University
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Bellevue College and Cascadia College University of Wisconsin–Stevens Point
Cloyd Havens Catherine McKee
Azusa Pacific University Mt. San Antonio College

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Elizabeth McKinley Sarah Shepler

San Jacinto College South Ivy Tech Community College
Paul McLester Cherie Ann Sherman
Florida State College at Jacksonville Ramapo College of New Jersey
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Creighton University West Valley College
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Husson University Johnson & Wales University
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Des Moines Area Community College Tulsa Community College Metro Campus
Michael Molesky Kurt Stanberry
Michigan State University–East Lansing University of Houston Downtown
Jennifer Morton
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University of South Florida–St. Petersburg
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University of Notre Dame
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Belmont University Scott Taylor
Moberly Area Community College
Ben Neil
Towson University DeLyse Totten
Portland Community College
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Bethune-Cookman University Martha Troxell
Indiana University of Pennsylvania–Indiana
Rebecca Nieman
San Diego Mesa College Russell Waldon
College of the Canyons
Susanne Ninassi
Marymount University Dennis Wallace
William Padley University of New Mexico
Madison Area Technical College Deborah Walsh
Jeffrey Penley Middlesex Community College–Lowell MA
Catawba Valley Community College Michael Warshaw
Kyle Post Monmouth University
Tarleton State University Doug Waters
Tara Radin Washtenaw Community College
George Washington University Thomas Webb
Joey Robertson State University of New York–Erie
Sam Houston State University Shallin Williams
Karen Rush Tri-County Technical College–Pendleton
Campbellsville University W. Ray Kwame Williams
Amber Ruszkowski Rutgers Business School–Newark
Ivy Tech Community College Peter Wirig
Israel Salazar Anne Arundel Community College
St. Edward’s University Kim Wong
Debra Schoenfeld Central New Mexico Community
Montana State University Billings College–Main

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brief contents
UNIT ONE  undamentals of the Legal ­Environment of Business
F
Chapter 1 Legal Foundations and Thinking Strategically
Chapter 2 Business, Societal, and Ethical Contexts of Law
Chapter 3 Business and the Constitution
Chapter 4 The American Judicial System, Jurisdiction, and Venue
Chapter 5 Resolving Disputes: Litigation and Alternative Dispute Resolution

UNIT TWO Contracts, Sales, and Leases

Chapter 6 Contracts: Overview, Definition, Categories, and Source of Law
Chapter 7 Mutual Assent: Agreement and Consideration
Chapter 8 Capacity and Legality
Chapter 9 Enforceability
Chapter 10 Performance
Chapter 11 Breach and Remedies
Chapter 12 Contracts for the Sale of Goods: Overview of Article 2
Chapter 13 Sales Contracts: Agreement, Consideration, and the Statute
of Frauds
Chapter 14 Title, Allocation of Risk, and Insurable Interest
Chapter 15 Performance and Cure in Sales Contracts
Chapter 16 Breach and Remedies in a Sales Transaction
Chapter 17 UCC Article 2A: Lease Contracts
Chapter 18 Sales Warranties

UNIT THREE Commercial Paper and Secured Transactions

Chapter 19 Definition, Creation, and Categories of Negotiable Instruments
Chapter 20 Negotiation, Indorsements, and Holder in Due Course
Chapter 21 Liability, Defenses, and Discharge
Chapter 22 Checks, Deposits, and Financial Institutions
Chapter 23 Secured Transactions
Chapter 24 Creditors’ Rights
Chapter 25 Alternatives for Insolvent Borrowers
Chapter 26 Bankruptcy

UNIT FOUR Business Entities

Chapter 27 Choice of Business Entity and Sole Proprietorships
Chapter 28 Partnerships
Chapter 29 Limited Liability Companies
Chapter 30 Corporations: Formation and Organization
Chapter 31 Corporate Transactions: Acquisitions and Mergers

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UNIT FIVE Regulation of Securities, ­Corporate Governance, and Financial Markets

Chapter 32 Overview of the Securities Market: Definition, Categories,
and Regulation
Chapter 33 Regulation of Issuance: The Securities Act of 1933
Chapter 34 Regulation of Trading: The Securities Exchange Act of 1934
Chapter 35 Regulation of Corporate Governance
Chapter 36 Regulation of Financial Markets

UNIT SIX Agency and Employment Law

Chapter 37 Agency Formation, Categories, and Authority
Chapter 38 Duties and Liabilities of Principals and Agents
Chapter 39 Employment at Will
Chapter 40 Employment Regulation and Labor Law
Chapter 41 Employment Discrimination

UNIT SEVEN Regulatory Environment of Business

Chapter 42 Torts and Products Liability
Chapter 43 Administrative Law
Chapter 44 Consumer Protection
Chapter 45 Criminal Law and Procedure
Chapter 46 Insurance Law
Chapter 47 Environmental Law

UNIT EIGHT Property

Chapter 48 Personal Property, Real Property, and Land Use Law
Chapter 49 Wills, Trusts, and Estates
Chapter 50 Intellectual Property

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tableof
table ofcontents
contents

UNIT ONE Principles-Based Approach 27

Religion 27
Fundamentals of the Legal Virtue 28
­Environment of Business 1 Natural Law 28
The Categorical Imperative 28
CHAPTER 1 Legal Foundations Consequences-Based Approach 28
and Thinking Strategically 2 Contract-Based Approach 29
Introduction to Law 3 Case 2.1: Grimshaw v. Ford Motor Company, 119 Cal.
Categories of Law 3 App. 3d 757, 174 Cal. Rptr. 348 (1981) 29
Language of the Law 4 Corporate Social Responsibility 31
Functions of Law 4 Major CSR Schools of Thought 32
Law in Context: Business and Strategy 5 The Narrow View: “Greed Is Good” 32
Business Swimming in a Sea of Law: Defining The Moderate View: Just Follow the Law 32
Strategy 5 The Broad View: Good Corporate Citizenship
Using Strategy in Legal Decisions 5 and a Social License to Operate 32
Role of Counsel 6 Case 2.2: Brooks Brothers Group, Inc., Opposer v.
Primary Sources and Levels of American Law 7 Bubbles by Brooks, LLC, Applicant, Opposition
Constitutional Law 7 No. 91205596, in the U.S. Patent and Trademark
Case 1.1: Kelo et al. v. City of New London, Office and before the Trademark Trial and Appeal
Connecticut, et al., 545 U.S. 469 (2005) 7 Board (2013) 33
Statutory Law 9 CSR and Litigation 34
Case 1.2: United States v. Ulbricht, 31 F. Supp. 3d Values Management and Compliance Departments 34
540 (S.D.N.Y. 2014) 9 Business Ethics Challenges in Values
Management 34
Administrative Law 10
Common Traits of Effective Values
Common Law 10
Management 35
Law versus Equity 11
Compliance Departments 36
Case 1.3: Wilcox Investment, L.P. v. Brad Ethical Decision Making: A Manager’s Paradigm 37
Wooley Auctioneers, Inc. et al., 454 S.W.3d 792
(Ark. Ct. App. 2015) 12 Case 2.3: U.S. House of Representatives Staff Report
on MF Global Prepared for the Subcommittee
Secondary Sources of Law 13 on Oversight and Investigations—Committee on
Stare Decisis and Precedent 14 Financial Services 38
Stare Decisis and Business 14
Community-Based Nonprofit and Benefit
Landmark Case 1.4: Flagiello v. Pennsylvania Hospital,
Corporations 39
208 A.2d 193 (Pa. 1965) 15
Thinking Strategically 40
Thinking Strategically 16
Key Terms 42
Key Terms 18
Case Summaries 43
Case Summaries 19
Chapter Review Questions 45
Chapter Review Questions 21
Quick Quiz Answers 46
Quick Quiz Answers 22
Chapter Review Questions: Answers and
Chapter Review Questions: Answers and
Explanations 46
Explanations 22
CHAPTER 3 Business and the
CHAPTER 2 Business, Societal, Constitution 48
and Ethical Contexts of Law 24 Structure of the Constitution 49
The Relationships between Business Organizations, Federalism 49
Law, and Ethics 25 Separation of Powers 50
Ethical Decision-Making Regimes 27 Strategic Digression: Checks and Balances 50

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Overview of Federal Powers 51 Case 4.1: Expressions Hair Design et al. v.

The Congress (Article I) 51 Schneiderman, 137 S.Ct. 1144 (2017) 80
The President (Article II) 52 Judicial Selection 81
The Federal Courts (Article III) 53 Applying Precedent 81
Regulation of Commerce 53 Persuasive Value 82
Scope of the Commerce Power 54 Distinguishable Cases 82
Negative Commerce Clause 54 Jurisdiction 82
The Commerce Clause Today 54 Jurisdiction and Business Strategy 82
The Bill of Rights 55 Overview of Jurisdiction 83
First Amendment (Freedom of Speech, Assembly, Two-Part Analysis 83
and Religion) 56 Subject Matter Jurisdiction: Authority over the
Commercial Speech 57 Dispute 83
Advertising and Obscenity Regulation 58 Personal Jurisdiction 84
Second Amendment (Arms) 58 Out-of-State Defendants 85
Third Amendment (Housing of Soldiers) 59
Fourth Amendment (Search and Seizure) 59 Case 4.2: Goodyear Dunlop Tires v. Brown,
The Exclusionary Rule 59 131 S. Ct. 2846 (2011) 85
What Is a Search or Seizure? 59 Injurious Effect 86
Exceptions to the Warrant Requirement 60 Physical Presence 87
Fifth Amendment (Procedural Fairness and Case 4.3: Clemens v. McNamee, 615 F.3d 374
Property Rights) 61 (5th Cir. 2010) 87
Sixth Amendment (Criminal Trials) 61
Seventh Amendment (Civil Trials) 62 Voluntary 88
Eighth Amendment (Bail, Fines, and Case 4.4: Franklin v. Facebook, 1:15-CV-00655-LMM
Punishments) 62 (N.D. Ga. 2015) 89
Ninth Amendment (Unenumerated Rights) 62 Minimum Contacts and the Internet 90
Tenth Amendment (Federalism and Popular The Zippo Standard 90
Sovereignty) 63 Adoption of the Zippo Standard 92
Due Process and Equal Protection 64
Case 4.5: Shisler v. Sanfer Sports Cars, Inc.,
Due Process 64
53 Cal. Rptr. 3d 335 (2006) 92
Equal Protection 64
Standards of Review 65 Criticism of the Zippo Standard 93
An Important Digression: Amending the Constitution 67 Venue 94
Interpreting the Constitution: Originalism versus the Thinking Strategically 95
Living Constitution 67 Key Terms 96
Originalism 68 Case Summaries 96
The Living Constitution 68 Chapter Review Questions 98
Thinking Strategically 69 Quick Quiz Answers 99
Key Terms 70 Chapter Review Questions: Answers and
Case Summaries 71 Explanations 100
Chapter Review Questions 73
Quick Quiz Answers 74 CHAPTER 5 Resolving Disputes:
Chapter Review Questions: Answers and Litigation and Alternative Dispute
Explanations 74 Resolution 102
Civil Litigation 102
CHAPTER 4 The American Judicial Impact of Civil Litigation Business Planning 103
System, Jurisdiction, and Venue 76 Stages of Litigation 103
Role and Structure of the Judiciary 76 Prelawsuit: Demand and Prelitigation Settlement
State versus Federal Courts 77 Negotiations 103
State Courts 77 Standing 104
State Trial Courts 77 Pleadings Stage 105
State Appellate Courts 78 Complaint and Summons 105
Federal Courts 78 Answer 105
U.S. District Courts 78 Counterclaim 105
Circuit Courts of Appeals 79 Cross-Claim 105
U.S. Supreme Court 79 Motions 107

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Case 5.1: Hernandez et al. v. Yellow Transportation, Basic Contract Structure and Terminology 138
670 F.3d 644 (5th Cir. 2012) 108 Drafting Contracts with a Strategically Qualified
Discovery Stage 109 Attorney 139
Methods of Discovery 109 Thinking Strategically 140
Pretrial Conference 110 Key Terms 141
Trial 110 Case Summaries 142
Jury Selection and Opening Statements 110 Chapter Review Questions 144
Testimony and Submission of Evidence 111 Quick Quiz Answers 145
Closing Arguments and Charging the Jury 111 Chapter Review Questions: Answers and
Deliberations and Verdict 111 Explanations 145
Posttrial Motions and Appeals 111
Collecting the Judgment 111
Alternative Dispute Resolution 112 CHAPTER 7 Mutual Assent:
Informal ADR 113 Agreement and Consideration 146
Case 5.2: In re Subway Sandwich Marketing and Mutual Assent 146
Sales Practices Litigation, T. Frank, Objector; Requirements of an Offer 147
No. 16-1652 (7th Cir. 2017) 113 Objective Intent 147
Formal ADR Methods 114 Case 7.1 Lucy v. Zehmer, 84 S.E.2d 516 (Va. 1954) 147
Arbitration 114 Advertisements as an Offer 149
Legally Mandated Arbitration 115 Advertising as a Unilateral Offer 149
Federal Arbitration Act 115
Case 7.2 Leonard v. PepsiCo, Inc., 210 F.3d 88
Case 5.3: American Express v. Italian Colors Restaurant, (2d Cir. 2000) [affirming lower court decision and
133 S. Ct. 2304 (2013) 116 reasoning in 88 F. Supp. 2d 116 (S.D.N.Y. 1999)] 149
Employment and Labor Arbitration 116 E-Contracts 150
Case 5.4: National Football League Management Click-Wrap Agreements 151
Council v. Brady, No. 15-2801 (2d Cir. 2016) 117 Browse-Wrap Agreements 151
Mediation 118 Shrink-Wrap Agreements 152
Expert Evaluation 118 Termination of an Offer 152
Other Forms of ADR 119 Action of the Parties 152
Thinking Strategically 119 Revocation 152
Key Terms 120 Option Contracts 153
Case Summaries 122 Partial Performance and Detrimental
Chapter Review Questions 124 Reliance 153
Quick Quiz Answers 125 Rejection and Counteroffer 153
Chapter Review Questions: Answers and Operation of Law 154
Explanations 125 Death, Incapacity, Destruction, or Supervening
Illegality 154
Acceptance 155
UNIT TWO Acceptance of an Offer: The Mailbox Rule 155
Contracts, Sales, and Leases 127 Mistake 156
Adequacy of Consideration 157
CHAPTER 6 Contracts: Overview, Legal Detriment 158
Definition, Categories, and Source Amount and Type of Consideration 158
of Law 128 Agreements That Lack Consideration 159
Illusory Promises 159
The Nature and Application of Contracts 129
Past Consideration 159
Case 6.1: Teachers Insurance and Annuity Association of Promissory Estoppel 160
America v. Tribune Co., 670 F. Supp. 491 (1987) 131 Estoppel and Employment 160
Elements of a Contract 133 Thinking Strategically 161
Case 6.2: United States v. Apple, Inc., No. 13-3741 Key Terms 162
(2d Cir. 2015) 133 Case Summaries 163
Chapter Review Questions 164
Types of Contracts 135 Quick Quiz Answers 165
Case 6.3: Dwayne D. Walker, Jr., v. Shawn Carter Chapter Review Questions: Answers and
(“Jay Z”) et al. (S.D.N.Y. 2016) 136 Explanations 165

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CHAPTER 8 Capacity and Legality 166 CHAPTER 10 Performance 196

Capacity 166 The Nature and Effect of Contract
Minors 167 Conditions 196
Case 8.1: C.M.D. v. Facebook, Inc., Case 10.1 Lucente v. IBM, 310 F.3d 243
unpublished opinion dated October 30, 2015 (2d Cir. 2002) 198
(9th Cir. 2015) 168
Discharging Obligations through Good Faith
Mental Competency 168 Performance 199
Case 8.2: Sparrow v. Demonico, Supreme Judicial Case 10.2 Jacob and Youngs v. Kent, 129 N.E. 889
Court of Massachusetts, 461 Mass. 322 (2012) 169 (Ct. App. N.Y. 1921) 200
Intoxicated Persons 170 Discharge by Mutual Agreement 201
Bright-Line Rules versus Flexible Standards 171 Rescission 201
Legality 172 Accord and Satisfaction 202
Statutes 172 Case 10.3 McMahon Food Corp. v. Burger Dairy Co.,
Public Policy 172 103 F.3d 1307 (7th Cir. 1997) 202
Case 8.3: Dorado Beach Hotel Corporation v. Jernigan,
Substitute Agreement 203
202 So.2d 830 (Fla. Dist. Ct. App. 1967) 173
Novation 203
Exceptions to the Nonenforcement Rule 174 Discharge by Operation of Law 204
Thinking Strategically 175 Impossibility 204
Key Terms 176 Case 10.4 Holder Construction Group v.
Case Summaries 176 Georgia Tech Facilities, Inc., 282 Ga.
Chapter Review Questions 177 App. 796 (2006) 205
Quick Quiz Answers 178
Impracticability 206
Chapter Review Questions: Answers and
Frustration of Purpose 207
Explanations 179
Thinking Strategically 209
Key Terms 209
CHAPTER 9 Enforceability 180 Case Summaries 210
Enforceability of Contracts 180 Chapter Review Questions 211
Consent Defects 181 Quick Quiz Answers 212
Misrepresentation and the Strategic Problem of Chapter Review Questions: Answers and
Asymmetric Information 181 Explanations 212
Innocent Misrepresentation 181
Fraud 182 CHAPTER 11 Breach and Remedies 214
Strategic Digression: Concealment of Material Breach Defined 214
Fact 183 Partial Breach 215
Case 9.1: Vokes v. Arthur Murray, Inc., 212 So.2d 906 Anticipatory Repudiation 215
(Fla. 1968) 183 Case 11.1 Thomas v. Montelucia Villas, LLC,
Additional Contract Defenses 185 302 P.3d 617 (Arizona Supreme Ct. 2013) 216
Duress 185 Remedies at Law (Money Damages) 217
Undue Influence 186 Compensatory Damages 217
Unconscionability 186 Consequential Damages 217
Case 9.2: Williams v. Walker-Thomas Furniture Co., Restitution 218
350 F.2d 445 (D.C. Cir. 1965) 187 Liquidated Damages 218
The Statute of Frauds 188 Case 11.2 Bunker et al. v. Strandhagen, Court of
Contract Interpretation and the Parol Appeals of Texas, Third ­District, No. 03-14-00510-CV
Evidence Rule 189 (2017) 218
Thinking Strategically 190 Equitable Remedies 220
Key Terms 191 Specific Performance 220
Case Summaries 192 Injunctive Relief 221
Chapter Review Questions 193 Reformation 221
Quick Quiz Answers 194 Duty to Mitigate 222
Chapter Review Questions: Answers and Case 11.3 Fischer v. Heymann, 12 N.E.3d 867
Explanations 195 (Supreme Court of Indiana 2014) 222

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Thinking Strategically 223
Key Terms 224
Case Summaries 225
Chapter Review Questions 225
Quick Quiz Answers 226
Chapter Review Questions: Answers and
Explanations 226
CHAPTER 12 Contracts for the Sale of
Goods: Overview of Article 2
Introduction to the UCC 229
Purpose of Article 2 of the UCC 230
Default Rules 230
UCC Article 2 Coverage and Definitions
Landmark Case 12.1 ProCD v. Zeidenberg,
86 F.3d 1447 (7th Cir. 1996) 232
UCC and the Common Law 234
Thinking Strategically 235
Key Terms 236
Case Summaries 236
Chapter Review Questions 237
Quick Quiz Answers 238
Chapter Review Questions: Answers and
Explanations 239
CHAPTER 13 Sales Contracts:
Agreement, Consideration, and the
Statute of Frauds 240
Formation of Agreement for Sale of Goods
Firm Offers by Merchants 241
Offers with Open Terms 241
A Word about Quantity 241
Other Open Terms 242
Acceptance 242
Consideration 243
The Battle of the Forms 243
Nonmerchant Transactions 243
Merchant Transactions 244
Statute of Frauds 246
Case 13.1: Rosenfeld v. Basquiat, 78 F.3d 84
(2d Cir. 1996) 246
Thinking Strategically 247
Key Terms 248
Case Summaries 249
Chapter Review Questions 250
Quick Quiz Answers 251
Chapter Review Questions: Answers and
Explanations 251
CHAPTER 14 Title, Allocation of Risk,
and Insurable Interest 254
Identification of Goods 255
Issues Related to Title Transfers 255
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Passing of Title 255
Good Faith Buyers 256
Case 14.1: Hodges Wholesale Cars and Cleveland
Auto Sales v. Auto Dealer’s Exchange of Birmingham
and Express Drive Away, 628 So.2d 608 (1993) 257
Insurable Interest 258
Risk of Loss 259
Thinking Strategically 261
228 Key Terms 262
Case Summaries 262
Chapter Review Questions 264
Quick Quiz Answers 265
Chapter Review Questions: Answers and
231 Explanations 265
CHAPTER 15 Performance and Cure
in Sales Contracts 266
The UCC and Good Faith 266
Performance, Past Dealings, and Trade Practices 267
Obligations of the Seller 268
Perfect Tender 268
Rights of the Seller 269
Case 15.1: Car Transportation Brokerage Company v.
Blue Bird Body Co., 322 Fed. Appx. 891 (11th Cir.
2009) 269
Commercial Impracticability 270
Case 15.2: Hemlock Semiconductor Operations,
LLC v. SolarWorld Industries, 867 F.3d 692
240 (6th Cir. 2017) 271
Obligations and Rights of the Buyer 272
Buyer’s Right of Inspection: Acceptance or
Rejection 272
Case 15.3: East Coast Restoration and Consulting
Corp. v. SIKA Corp., 14 NY Slip Op 30361 (Supreme
Court of New York 2014) 273
Special Rules for Installment Contracts 274
Thinking Strategically 275
Key Terms 276
Case Summaries 276
Chapter Review Questions 278
Quick Quiz Answers 279
Chapter Review Questions: Answers and
Explanations 279
CHAPTER 16 Breach and Remedies
in a Sales Transaction 280
Definition of a Breach 280
Seller’s Breach 281
Buyer’s Breach 281
Important Breach-Related Dates 281
Seller’s Remedies 282
Case 16.1: General Motors Corp. v. Acme Refining Co.,
513 F. Supp. 2d 906 (E.D. Mich. 2007) 284
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Buyer’s Remedies 286 Chapter Review Questions: Answers and

Case 16.2: Micrel, Inc. v. TRW, Inc., 486 F.3d 866, 880 Explanations 324
(6th Cir. 2007) 289
Limitation of Remedies 291 UNIT THREE
Thinking Strategically 291 Commercial Paper and Secured
Key Terms 293 Transactions 325
Case Summaries 293
Chapter Review Questions 295 CHAPTER 19 Definition, Creation,
Quick Quiz Answers 296 and Categories of Negotiable
Chapter Review Questions: Answers and
Explanations 296
Instruments 326
Features of a Negotiable Instrument 326
CHAPTER 17 UCC Article 2A: Unconditional Promise 327
Order 327
Lease Contracts 298
Fixed Amount 328
Introduction to Article 2A of the UCC 298 In Writing and Signed 328
UCC Article 2A Coverage 300 Payable to Order or to Bearer 328
Case 17.1: In re Pillowtex, Inc., 349 F.3d 711 Payable on Demand or at a Future Time 328
(3d Cir. 2003) 300 Case 19.1: Smith v. Vaughn, 174 Ohio App. 3d
Some Basic Terminology: Lessors and Lessees 301 473 (2007) 329
True Leases versus Secured Transactions 303 Types of Negotiable Instruments 329
Draft 329
Warranties 304
Check 330
Finance Leases 304 Certificate of Deposit (CD) 331
Leases That Must Be in Writing 306 Promissory Note 331
Thinking Strategically 306 Steps to Negotiate and Indorse an Instrument 332
Key Terms 308 Negotiation of Order Paper 333
Case Summaries 308 Case 19.2: Danco, Inc. v. Commerce Bank/Shore,
Chapter Review Questions 309 675 A.2d 663 (N.J. Super. Ct. App. Div. 1996) 333
Quick Quiz Answers 310
Blank or Special Indorsements 334
Chapter Review Questions: Answers and
Restrictive or Nonrestrictive Indorsements 334
Explanations 310
Qualified or Unqualified Indorsements 335
Negotiation of Bearer Paper 335
CHAPTER 18 Sales Warranties 312 Negotiable Instruments and Securitization in Debt
Types of Warranties 312 Capital Markets 336
Express Warranties 313
Thinking Strategically 338
Implied Warranties 313
Key Terms 339
Implied Warranty of Title and Noninfringement 313
Case Summaries 340
Case 18.1: Pacific Sunwear of California, Inc. v. Olaes Chapter Review Questions 341
Enterprises, Inc., 167 Cal. App. 4th 466, No. D051391 Quick Quiz Answers 342
(2008) 314 Chapter Review Questions: Answers and
Implied Warranty of Merchantability 314 Explanations 342
Case 18.2: Birdsong v. Apple, Inc., 590 F.3d 955
(9th Cir. 2009) 315 CHAPTER 20 Negotiation, Indorsements,
Implied Warranty of Fitness for a Particular and Holder in Due Course 344
Purpose 316 Negotiation 344
Disclaimers and Limitations 317 Holder 345
Third-Party Rights 318 Negotiation and Transfer 345
Magnuson-Moss Warranty Act 319 Holder in Due Course (HDC) Status 346
Value 346
Thinking Strategically 320
Good Faith 347
Key Terms 321
Case Summaries 322 Case 20.1: Banco Bilbao Vizcaya Argentaria v. Easy Luck
Chapter Review Questions 323 Co., 208 So. 3d 1241 (Fla. Dist. Ct. App. 2017) 347
Quick Quiz Answers 324 Without Notice 348

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Case 20.2: Triffin v. Pomerantz Staffing Services, Quick Quiz Answers 379
851 A.2d 100 (N.J. Super. 2004) 349 Chapter Review Questions: Answers and
The Shelter Rule 351 Explanations 379
Defenses and Third-Party Claims 352
Real Defenses 352 CHAPTER 22 Checks, Deposits,
Personal Defenses 352 and Financial Institutions 380
Claims in Recoupment 352 Checks in Commercial Transactions 380
HDC and Consumers 353
Holder Rule 353 Case 22.1: Fetter v. Wells Fargo Bank Texas, N.A.,
Requirements 354 110 S.W.3d 683, 51 U.C.C. 2d 201 (Tex. App. 2003) 383
Case 20.3: Hemmings v. Camping Time RV Centers Electronic Payment Systems 384
and Bank of America, No. 1:17-CV-1331-TWT Debit Cards 384
(D. Ct. N.D. Georgia 2017) 355 Credit Cards 385
Automated Clearing House (ACH)
Thinking Strategically 356
Transactions 386
Key Terms 357
Electronic Funds Transfers (Wires) 386
Case Summaries 357
Mobile Payment Apps and the Blockchain 387
Chapter Review Questions 358
Quick Quiz Answers 359 Mobile Payment Apps 387
Chapter Review Questions: Answers and Blockchain 388
Explanations 360 Case 22.2: United States v. Robert M. Faiella, a.k.a
“BTCKing,” and Charlie Shrem, 39 F. Supp. 3d 544
(S.D.N.Y. 2014) 388
CHAPTER 21 Liability, Defenses, Fraud Rules Related to Checks and Electronic
and Discharge 362 Payment Systems 390
Liability on the Instrument 362 Thinking Strategically 391
Primary Liability 363 Key Terms 391
Case 21.1: Affiliated Health Group et al. v. Healthcare Case Summaries 392
Services Corp. d/b/a Blue Cross Blue Shield of Illinois Chapter Review Questions 393
et al., 58 N.E.3d 772 (Ill. App. Ct. 2016) 365 Quick Quiz Answers 394
Secondary Liability 365 Chapter Review Questions: Answers and
Presentment 366 Explanations 394
Instruments That Are Dishonored 366
Case 21.2: Messing v. Bank of America, 821 A.2d 22 CHAPTER 23 Secured Transactions 396
(Md. 2003) 367 Classifications of Collateral in Secured Transactions 396
Agency Issues 368 The Steps to Create a Security Interest 399
Warranty Liability 369 Enter into Contract with Lender That Defines and
Transfer Warranties 370 Creates Security Interest 399
Presentment Warranties 370 Attach a Security Interest to Property 399
Case 21.3: National Metropolitan Bank v. United States, Case 23.1: Morgan County Feeders, Inc. v. McCormick,
323 U.S. 454 (1945) 371 836 P.2d 1051 (Colo. Ct. App. 1992) 400
Defenses against Holders of Negotiable Instruments 372 Perfecting a Security Interest 402
Perfection by Filing 402
Discharge 373
Perfection by Possession 404
Discharge by Payment 373
Automatic Perfection 404
Discharge by Tender 374
Perfection by Control 404
Discharge by Cancellation or Renunciation 374
Priority among Creditors’ Claims to Collateral 405
Discharge by Material and Fraudulent
Alteration 374 The Consequences of a Borrower’s Default 406
Discharge by Certification 374 Case 23.2: Stephanie Ann James and Roland James v.
Discharge by Acceptance Varying a Draft 374 Ford Motor Credit Co. et al., 842 F. Supp. 1202
Notice Requirement 375 (U.S. Dist. Minn. 1994) 407
Thinking Strategically 375 Thinking Strategically 408
Key Terms 376 Key Terms 409
Case Summaries 376 Case Summaries 409
Chapter Review Questions 378 Chapter Review Questions 410

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Another random document with
no related content on Scribd:
The Project Gutenberg eBook of The gods of
Mexico
 This ebook is for the use of anyone anywhere in the United
States and most other parts of the world at no cost and with
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laws of the country where you are located before using this
eBook.

Title: The gods of Mexico

Author: Lewis Spence

Release date: August 27, 2023 [eBook #71503]

Language: English

Original publication: New York: Frederick A. Stokes Company,

1923

Credits: Jeroen Hellingman and the Online Distributed

Proofreading Team at https://www.pgdp.net/ for Project
Gutenberg (This file was produced from images
generously made available by The Internet
Archive/American Libraries.)

*** START OF THE PROJECT GUTENBERG EBOOK THE GODS

OF MEXICO ***
[Contents]

[Contents]

THE GODS of
MEXICO

[Contents]
NEPHRITE FIGURE OF A DEATH-GOD.

(Now in the Stuttgart Museum.)

[Frontispiece

[Contents]
 THE
GODS OF MEXICO

By LEWIS SPENCE
FELLOW OF THE ROYAL
ANTHROPOLOGICAL
INSTITUTE OF GREAT BRITAIN AND
IRELAND
 ILLUSTRATED
NEW YORK
FREDERICK A. STOKES COMPANY
PUBLISHERS
1923

[Contents]

TO
MY WIFE,
WITH DEEPEST GRATITUDE
AND AFFECTION

[Contents]

(All rights reserved)

PRINTED IN GREAT BRITAIN [v]

[Contents]
 PREFACE

This book deals exclusively with the religion of the peoples of ancient
Mexico. With the history and archæology of that country I am not
concerned in these pages, unless where they have a bearing upon
the main subject. By “Mexico” I mean that region of North America
lying between the Tropic of Cancer and the Isthmus of Tehuantepec.
Thus only passing reference to the religion of the Maya of Yucatan or
the Quiche of Guatemala is made in the way of occasional
comparison.

I have thought it best at the outset to make these points clear beyond
the possibility of misapprehension. It was formerly usual to regard the
entire tract occupied by Central American civilization from the Tropic
of Cancer to Nicaragua as one and indivisible in its manifestations.
But it is now clear that the type of advancement peculiar to the more
northerly portion inhabited by the Nahua (Aztec and Chichimec)
peoples of Mexico proper presents numerous and striking
divergencies from the more southerly though related Maya civilization
of Yucatan and Guatemala. Regarding the priority of these two
cultures no doubt exists. The Maya was greatly the more ancient. But
during the century preceding the conquest of Mexico by Cortéz it had
been subjected to Nahua immigration and influences, especially as
regards its religious beliefs. It is therefore necessary to exercise
caution in the identification of Nahua or Mexican with Maya myths
and divine forms, and with this in view I have directed my researches
more especially to an examination of the deities and ritual practices
of the Mexican area, in the hope that once the fundamental beliefs of
this better-known [vi]region have been ascertained, the results arrived
at may be applied with some measure of confidence to the obscure
field of Maya belief. It seemed to me also essential, if progress were
to be made, to apply a more intensive method of investigation than
has hitherto been deemed possible or desirable to the first origins of
the Mexican gods, and it is especially with the results obtained by
this means that I am concerned rather than with the conclusions of
others.

I have chosen The Gods of Mexico as the title of this book, as its
contents refer more particularly to the development and general
description of the deities of ancient Anahuac than to the questions of
ritual, priesthood, or religious architecture. It has seemed to me that,
once the fundamental nature of the gods has been made clear, when
the multitudinous and conflicting details regarding them have been
sifted, collated, and reduced to order, more will have been done to
discover the whole purport of Mexican religion than if investigation
had been directed in particular to ritual practice. But that I have not
neglected the question of ritual is proved by the extended notices of
the festivals I have appended to the description of each of the gods. I
have, however, confined my descriptions and criticisms of ceremonial
to these, and have refrained from the illustration of the sacraments of
life and death, baptism, burial, and the like, as it is my hope to be
able to deal with the whole subject of ritualistic practice among the
Mexicans at a future date.

Many authorities, even should they sympathize with the endeavour

set forth in these pages, will question its timeousness. Our
knowledge of the religion of ancient Mexico, they will say, is still too
vague and too fragmentary to permit of the assemblage and criticism
of its material. Such a charge it is impossible to gainsay. Yet the
bitter-sweet experience of twenty years of meditation among the
ruins of the Mexican pantheon has emboldened me to attempt its
partial restoration by the aid of such reconstructive capacity as I
possess. My reasons for essaying this rather adventurous
undertaking are twofold. The first is, that although the [vii]time is
scarcely ripe for it, the venture may inspire more skilful investigators
to address themselves to the task of research in a subject that has
been unaccountably neglected in this country. The second is the
hope that those who come after me in the study of Mexican religion
may, as the result of my labours, be spared the many weary years of
groping that have fallen to my lot, and be enabled to commence their
journey from the point where I now stand.

Although political and financial conditions in Mexico frequently

arouse a passing agitation in the minds of British people, the
antiquities of that extraordinary land, various as Greece and
mysterious as Egypt, have failed to appeal to them with the same
degree of interest. We have not yet, perhaps, quite recovered from
the amazement with which in our own day we have seen the secret
gates of the East unlocked and the prodigies of Mesopotamia and
the endless dynasties of the Nile emerge therefrom. Yet an
archæology less venerable, but no less notable, pleads with us for
recognition from a continent so closely associated with the spirit of
modernity that we can scarcely believe in its ability to present us with
the credentials of respectable antiquity. American scientists, however,
have in recent years successfully addressed themselves to the
problems of Isthmian research, and the antiquaries of Germany and
France have, in certain respects, even improved upon their
endeavours. Great Britain alone remains insensible to the lure of old
Mexico, and small indeed is the band of workers that she has given
to this department of archæology.

No manifestation of the life and thought of ancient Mexico so well

deserves the attention of British students of antiquity as its
picturesque if bizarre religion. Our position in folklore is pre-eminent;
indeed we may with justice claim the reconstruction of traditional
science as due to the efforts of British scholarship. As the English
word “folklore” is in world-wide use, so is the terminology of the
science it denotes replete with English expressions; yet in British
works which deal with traditional lore the Mexican analogies
employed are almost invariably quoted at second-hand, sources of
the [viii]most unsatisfactory description are drawn upon to illustrate
Mexican belief, and it is obvious that the few modern treatises which
have sought to explain this most involved of all mythologies are not
sufficiently taken advantage of by authorities on folklore.

To those who possess even an elementary acquaintance with the

study of Mexican religion this will cause no surprise, for the initial
difficulties which confront even the experienced antiquary who
desires to gain a working knowledge of its principles are sufficiently
discouraging. In all likelihood the quest is sooner or later abandoned
in despair of acquiring that fundamental information from which it is
possible to proceed to a more profound knowledge of the subject.
The native languages, familiarity with which is desirable, are complex
and difficult of mastery. The paintings or codices which depict the
gods present a riot of symbolic intricacy sufficient in itself to damp
enthusiasm. Many years must be spent in the study of a system of
symbolic painting, to which a specially qualified section of the
Mexican priesthood dedicated itself in the full knowledge of a
mythological scheme at the nature of which we can but guess. It is,
above all, necessary to become thoroughly conversant with an
overwhelming body of Spanish Colonial literature, which must be
handled with the greatest discretion, owing to its vague,
contradictory, and essentially untrustworthy character. Lastly, an
acquaintance with manuscript sources, obscure and difficult of
access, is quite as indispensable, and these, indeed, are among the
most valuable of the adjuncts to a knowledge of Mexican belief.

By far the most eminent and successful among modern writers on

Mexican mythology and ritual is Professor Eduard Seler, of Berlin,
who, owing to the generosity of the Duc de Loubat, has been
enabled to publish monographs upon the principal Mexican
hieroglyphical paintings or codices. In these he has done much for
the elucidation of the involved symbolism in which the native MSS.
abound, and has greatly added to our knowledge of the divine forms
represented in their grotesque pages. Elaborate photogravure
reproductions [ix]of these, the papyri of Mexico, have also been
published, superseding the older and less accurate copies in the
great collection of Lord Kingsborough. In his Gesammelte
Abhandlungen, 1 too, a work quite encyclopædic as regards its scope
and aim, Professor Seler has approached almost every problem
presented by Mexican archæology. But his work might have been of
greater value had he been mindful of the difficulties which the subject
presents to the non-specialist reader. Indeed, the technicality and
aridity of his general method often render his output comprehensible
to few but the “senior wranglers” of the study.

American students of ancient Mexico and Central America have

almost entirely confined themselves to the examination of sites and
monuments. In France, M. Beuchat has provided students with an
admirable handbook in his Archéologie Américaine, which, if too
general in its purport and marred by a lack of linguistic knowledge, is
still valuable as an elementary manual to American antiquity. The
essays of Lehmann, De Jonghe, and Preuss have provided the
student with translations of manuscript material hitherto closed to
him, or have smoothed his way to a clearer comprehension of the
difficulties connected with the Mexican calendar. The best modern
English handbook on Mexican archæology is that by Mr. T. Athol
Joyce, of the British Museum, but its lack of references is a serious
drawback and the material it contains suffers from compression.

The method of my investigation of the divine forms of Mexico is set

forth in the introductory paragraph immediately preceding that part of
the book which deals with the gods more especially. Regarding the
tonalamatl and the Calendar, I have thought it best to relegate this
difficult and obscure subject to an appendix, in order that it should
not interfere with the main current of proof. In dealing with the
Codices throughout I have employed the pagination of Seler rather
than that of Kingsborough, as referring to the more modern and
greatly preferable editions of the Duc de Loubat, except [x]in cases
where a manuscript is to be found in Kingsborough’s work alone. It is
my sincere hope that the bibliography at the end of the book as well
as that to be found at the conclusion of the appendix on the
tonalamatl will lighten the labour of students of Mexican religion,
whose co-operation in the discovery of errors I most cordially invite.

The illustrations in this book are, for the most part, taken from the
native Mexican codices or paintings, and from representations of the
gods in stone or pottery. It has, of course, been impossible to furnish
every picture or representation alluded to in the text, but these, in
their entirety, will be found in the excellent coloured reproductions in
collotype published by the Duc de Loubat, full particulars of which are
given in the bibliography of the codices on pages 378–381. These
reproductions can be consulted in many of the greater libraries,
especially in those connected with the Universities. I have preferred,
in many cases, to furnish the student with those representations of
the gods which he would have found it more or less difficult to
procure. The numbers of the pages or sheets attached to the
illustrations refer to the places where the respective figures can be
found in the reproductions of the Duc de Loubat.

In conclusion, I have to thank my daughter, who took infinite pains in

transcribing from books and treatises difficult of access, in the British
Museum and the Advocates’ Library, Edinburgh, and who sacrificed
much of that time which young people usually devote to amusement
in order that she might help me in a difficult task.
 L. S. [xi]

1 See Bibliography for description of this and all other works alluded to throughout
the work. ↑

[Contents]
 CONTENTS

CHAPTER I

INTRODUCTORY

The type and evolution of Mexican religion—The antiquity of

Mexican religion—The literature of Mexican religion: I, The native
codices; II, The native writings; III, Native art-forms; IV, Writings of
the Spanish conquerors of Mexico—The origins of Mexican
religion—Evidence of early religion in Mexico—Deification of the
elements of growth—Evidences of primitive influences—Fetishtic
origin of gods—Animal gods—Growth of the rain-cult—The
necessity for human sacrifice—The later elements of Mexican
religion—Cultural elements of Mexican religion—The Quetzalcoatl
cult—The cult of obsidian—Unity of religious conception
throughout Mexico pp. 1–35

CHAPTER II

COSMOGONY

The “ages” of Mexican cosmogony—The making of the earth—

The peopling of the earth—Creation of the sun and moon—The
Historia de los Mexicanos—Deluge myths—The “Coxcox” fallacy
—The fall of the gods—Mexican conceptions of the universe—The
five regions of the world: The Tree of the East; the Tree of the
North; the Tree of the West; the Tree of the South; Tlaxicco;
Tlapcopa; Uitznauac or Uitzlampa; Ciuatlampa; Mictlampa—The
supporters of the heavens—The Aztec heavens: Tlalocan;
Homeyoca—Mictlampa as Hades pp. 36–64

CHAPTER III
THE GREAT GODS

Method of treatment—Uitzilopochtli—Tezcatlipocâ—Quetzalcoatl
pp. 65–145

CHAPTER IV

THE CREATIVE DEITIES

Tonacatecutli—Tonacaciuatl pp. 146–152 [xii]

CHAPTER V

DEITIES OF THE EARTH AND GROWTH PROPER

Introductory—Tlazolteotl—Chicomecoatl—Cinteotl—Ciuacoatl—
Coatlicue—Xochiquetzal—Macuilxochitl or Xochipilli—Xipe—
Xilonen—Itzpapalotl—Zapotlantenan—Ilamatecutli pp. 153–
233

CHAPTER VI

THE GODS OF RAIN AND MOISTURE

Introductory—Tlaloc—Chalchihuitlicue—Uixtociuatl—Atlaua—
Napatecutli—Matlalcuêyê—Opochtli pp. 234–267

CHAPTER VII

THE FIRE-GODS

Xiuhtecutli—Chantico—Quaxolotl pp. 268–284

CHAPTER VIII

THE OCTLI OR PULQUE (DRINK) GODS

General—Tezcatzoncatl—Tepoxtecatl—Patecatl—Mayauel—
Totoltecatl—Macuiltochtli—Totochtin—Tomiauhtecutli pp.
285–299

CHAPTER IX

STELLAR AND PLANETARY DEITIES

Tonatiuh the Sun-God (Piltzintecutli)—Metztli or Tecciztecatl the

Moon-God—Mixcoatl, Iztac Mixcoatl or Camaxtli—
Tlauizcalpantecutli—Coyolxauhqui—The Tzitzimimê pp. 300–
326

CHAPTER X

GODS OF DEATH, EARTH, AND THE UNDERWORLD

Mictlantecutli—Mictecaciuatl—Tepeyollotl pp. 327–335

CHAPTER XI

VARIANTS OF THE GREAT GODS

Itztli—Itztlacoliuhqui—Paynal—Yacatecutli pp. 336–343 [xiii]

CHAPTER XII

MINOR DEITIES
 Xolotl—Ixtlilton—Omacatl—The Ciuateteô or Ciuapipiltin pp.
344–358

APPENDIX

THE TONALAMATL AND THE SOLAR CALENDAR

Day-signs—Model tonalamatl—The day-gods—Gods of the

“weeks”—Lords of the night—Lords of the day-hours—Tonalamatl
festivals—Recapitulation—The calendar round—The nemontemi
—The Venus period—Short bibliography of works relating to the
tonalamatl pp. 359–371

A CRITICAL BIBLIOGRAPHY OF MEXICAN RELIGION pp.

372–381

GLOSSARY pp. 382–383

INDEX pp. 384–388 [xiv]

[Contents]
 ILLUSTRATIONS

Nephrite Figure of a Death-god Frontispiece

FACING PAGES
Colossal Statue of Coatlicue 14, 15
Statue of Coatlicue 16, 17
The Great Calendar Stone of Mexico 38
Symbols of the “Suns” in Mexican
Cosmogony 40, 41
The Trees of the World-quarters 58, 59
The Tree of the Middle-quarter 60
Uitzilopochtli 66
Coyolxauhqui 67
The Red and Black Tezcatlipocâs 92
Tezcatlipocâ in Various Forms 93, 98
Altar of Skulls to Tezcatlipocâ 99
Quetzalcoatl and Tlauizcalpantecutli 118
Quetzalcoatl and the Death-god 119
Forms of Quetzalcoatl 120, 121
Tonacatecutli-Tonacaciuatl 121
Forms of Tlazolteotl 156, 157
Forms of Chicomecoatl 170
Cinteotl 171
Ciuacoatl 180
Forms of Ciuacoatl 181
Xochiquetzal and her Symbols 188
Forms of Xochiquetzal 189, 190
Stone Figures of Macuilxochitl 196, 197
Forms of Macuilxochitl 198
Forms of Xochipilli 199
Pottery Figure of Xochipilli [xv] 200
Forms of Xochipilli 201
Forms of Xipe 204
Stone Image of Xipe 205
Forms of Xipe 208
Itzpapalotl 222
Itzpapalotl (Stone of Aristides Martel) 223
Xilonen and Zapotlantenan 223
Forms of Tlaloc 236, 237, 240
Chalchihuitlicue 258
Chalchihuitlicue and Tlauizcalpantecutli 259
Chalchihuitlicue and Uixtociuatl 260
Forms of the Tlaloquê 261
Xiuhtecutli and Tlauizcalpantecutli 268, 269, 272
Xiuhtecutli and Chantico 276
Ixcoçanhqui and Chantico 277
Tepoxtecatl 292
Patecatl, with Octli Emblems 293
The Octli-gods 298, 299
Totoltecatl 299
Forms of Tonatiuh 300
Mexican Idea of Sacrifice to the Sun-god 301
Planetary Deities 304
Forms of Mixcoatl 310, 311
Forms of Tlauizcalpantecutli 320
Tlauizcalpantecutli and Victim 321
Forms of the Underworld Deities 328
Statue of an Octli-god 329
Variants of the Great Gods 336
Xolotl and Tlaloc 344
 Minor Deities 345
The Lords of the Night-hours 364

[xvi]

[Contents]
 NOTE ON THE PRONUNCIATION OF MEXICAN

The pronunciation of Mexican names presents at first some little

difficulty. The letter X is invariably pronounced as sh, so that Mixcoatl
and Mexitli are, viva voce, Mishcoatly and Meshitlee, the final tl being
pronounced as tl followed by a short y, although the natives in many
parts of the country articulate it with a definite clicking sound,
unapproachable by a European. The names of the more important
gods are pronounced as follows:

Uitzilopochtli = Wit-zil-o-potchtly
Tezcatlipocâ = Tez-catly-pocā
Quetzalcoatl = Quetzal-co-at-ly
Xipe = Shee-pay
Chalchihuitlicue = Chal-chĕĕ-wĕĕt-lēē-kway.

Most of the others are comparatively simple of pronunciation. The ch

sound is pronounced as in Spanish, i.e. hard, as in “thatch.” [1]
[Contents]
THE GODS OF MEXICO
CHAPTER I
 INTRODUCTORY

[Contents]

THE TYPE AND EVOLUTION OF MEXICAN RELIGION

If, like the necromancers of old, we possessed the power to summon the shades of
the dead before us, and employed this dread authority to recall from the place of
shadows the spirit of a member of the priesthood of ancient Mexico, in order that
we might obtain from him an account of the faith which he had professed while in
the body, it is improbable that we would derive much information regarding the
precise significance of the cult of which he was formerly an adherent without
tedious and skilful questioning. He would certainly be able to enlighten us readily
enough on matters of ritual and mythology, calendric science and the like; but if we
were to press him for information regarding the motives underlying the outer
manifestations of his belief, he would almost certainly disappoint us, unless our
questionary was framed in the most careful manner. In all likelihood he would be
unable to comprehend the term “religion,” of which we should necessarily have to
make use, and which it would seem so natural for us to employ; and he would
scarcely be capable of dissociating the circumstances of his faith from those of
Mexican life in general, especially as regards its political, military, agricultural, and
artistic connections.

Nor would he regard magic or primitive science as in any way alien to the activities
of his office. But if we became more importunate, and begged him to make some
definite statement regarding the true meaning and import of his [2]religion ere he
returned to his place, he might, perhaps, reply: “If we had not worshipped the gods
and sacrificed to them, nourished them with blood and pleasured them with gifts,
they would have ceased to watch over our welfare, and would have withheld the
maize and water which kept us in life. The rain would not have fallen and the crops
would not have come to fruition.” 1 If he employed some such terms as these, our
phantom would outline the whole purport of the system which we call Mexican
religion, the rude platform on which was raised the towering superstructure of rite
and ceremony, morality and tradition, a part of which we are about to examine.

The writer who undertakes the description of any of the great faiths of the world
usually presupposes in his readers a certain acquaintance with the history and
conditions of the people of whose religion he treats. But the obscurity which
surrounded all questions relating to Mexican antiquity until the beginning of this
century formerly made it essential that any view of its religious phase should be
prefaced by an account of the peoples who professed it, their racial affinities, and
the country they occupied. This necessity no longer exists. The ground has been
traversed so often of late, and I have covered it so frequently in previous works, 2
that I feel only a brief account of these conditions is necessary here, such, in a
word, as will enable the reader to realize circumstances of race, locality, and
period.

The people whose religious ideas this book attempts to describe were the Nahua
of pre-Colombian Mexico, a race by no means extinct, despite the oft-repeated
assertions of popular novelists, and which is now usually classed as a branch of
the great Uto-Aztecan family of the North American Indian stock. They spoke, and
their descendants still speak, a language known as the Nahuatl, or Nahuatlatolli
(“speech of those who live by rule” or “by ritual observance”). At the era of the
Spanish invasion of their country in 1519 [3]they had succeeded in overrunning and
reducing to their dominion practically all that part of modern Mexico which lies
between the Tropic of Cancer and the Isthmus of Tehuantepec. They were, in all
probability, immigrants from the north, and their art-forms, no less than their
physique and beliefs, have led certain writers to form the opinion that they came
originally from the neighbourhood of British Columbia, or that they had a common
origin with the Indian tribes which inhabit that region at the present time.

However this may be, the first Nahua immigrants would appear to have entered
the Valley of Mexico at some time during the eighth century of our era. But the
Aztecâ, part of a later swarm of Nahua, do not seem to have descended upon it
until the middle of the thirteenth century, or to have founded the settlement of
Mexico-Tenochtitlan until about the year 1376. At the period of their arrival in the
valley they were a barbarous tribe of nomadic hunters, wandering from place to
place in search of fresh hunting-grounds, precisely as did many North American
Indian tribes before reservations were provided for them. Gradually, by virtue of
their superior prowess in war, they achieved the hegemony of the Plateau of
Anahuac, which boasted a tradition and civilization at least five hundred years old.
These they proceeded to assimilate with marvellous rapidity, as is not infrequently
the case when a race of hunters mingles with a settled agricultural population.
Indeed, in the course of the century and a quarter which intervened between the
founding of Mexico and the period of the Spanish Conquest, they had arrived at
such a standard of civilization as surprised their Castilian conquerors. When the
Aztecâ, abandoning their wandering life, finally settled in the Valley of Anahuac,