The School of Salamanca in the Affairs of the Indies

The School of Salamanca in the Affairs of the Indies

Author: Natsuko Matsumori

Publisher: Routledge

ISBN: 9780429807411

Category: History

Page: 278

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The School of Salamanca in the Affairs of the Indies explores the significance of Salamancans, such as Vitoria and Soto, and related thinkers, such as Las Casas and Sepúlveda, in the formation of the early modern political order. It also analyses early modern understandings of political order, with a focus both on the decline of the medieval universal world through the independence and secularization of political community and the establishment of continuous and imbalanced relations between various European and non-European political communities. Through its investigation, this book highlights how Salamancans and related thinkers clearly distinguished their understandings of political order from medieval thought, and did so in a different way to contemporary and later thinkers, such as Machiavelli, Luther, Bodin, and Grotius, particularly with regards to the Indies, “barbarian” worlds. It also reveals the strong contribution of the School of Salamanca in early modern political thought, both internally and externally. Salamancans imposed moral restrictions against “interior barbarism,” that is, power beyond law, and included “exterior barbarism,” that is, “barbarian” societies, in the common political order. Situating the School of Salamanca in the mainstream history of European political thought, The School of Salamanca in the Affairs of the Indies is ideal for academics and postgraduate students of intellectual history and of Spanish colonial expansion.

Christianity and Global Law

Christianity and Global Law

Author: Rafael Domingo

Publisher: Routledge

ISBN: 9781000039221

Category: History

Page: 428

View: 335

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This book explores both historical and contemporary Christian sources and dimensions of global law and includes critical perspectives from various religious and philosophical traditions. Two dozen leading scholars discuss the constituent principles of this new global legal order historically, comparatively, and currently. The first part uses a historical-biographical approach to study a few of the major Christian architects of global law and transnational legal theory, from St. Paul to Jacques Maritain. The second part distills the deep Christian sources and dimensions of the main principles of global law, historically and today, separating out the distinct Catholic, Protestant, and Orthodox Christian contributions as appropriate. Finally, the authors address a number of pressing global issues and challenges, where a Christian-informed legal perspective can and should have deep purchase and influence. The work makes no claim that Christianity is the only historical shaper of global law, nor that it should monopolize the theory and practice of global law today. But the book does insist that Christianity, as one of the world’s great religions, has deep norms and practices, ideas and institutions, prophets and procedures that can be of benefit as the world struggles to find global legal resources to confront humanity’s greatest challenges. The volume will be an essential resource for academics and researchers working in the areas of law and religion, transnational law, legal philosophy, and legal history.

Natural and Political Conceptions of Community

Natural and Political Conceptions of Community

Author: Christoph Philipp Haar

Publisher: BRILL

ISBN: 9789004351653

Category: History

Page: 322

View: 246

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Natural and Political Conceptions of Community demonstrates how the early modern Jesuits recruited the household community when reflecting on the political community, integrating an account of human nature with a notion of politics as the sphere of law, rights, and virtues.

The Invention of Custom

The Invention of Custom

Author: Francesca Iurlaro

Publisher: Oxford University Press

ISBN: 9780192897954

Category: Customary law

Page: 305

View: 144

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The concept of customary international law, although differently formulated, is already present in early modern European debates on natural law and the law of nations. However, no scholarly monograph has, until now, addressed the relationship between custom and the European natural law and ius gentium tradition. This book tells that neglected story, and offers a solid conceptual framework to contextualize and understand the 'problematic of custom', namely how to identify its normative content. Natural law doctrines, and the different ways in which they help construct human reason, provided custom with such normative content. This normative content consists of a set of fundamental moral values that help identify the status of custom as either a fundamental feature or an original source of ius gentium. This book explores what cultural values and practices facilitated the emergence of custom and rendered it into as a source of the law of nations, and how they did so. Two crucial issues form the core of the book's analysis. Firstly, it qualifies the nature of the interrelation between natural law and ius gentium, explaining why it matters in relation to our understanding of the idea of custom. Second, the book claims that the process of custom formation as a source of law calls into question the role of the authority of history. The interpretation of the past through this approach can thus be described as one of 'invention'.

The Cambridge Companion to Hugo Grotius

The Cambridge Companion to Hugo Grotius

Author: Randall Lesaffer

Publisher: Cambridge University Press

ISBN: 9781108187657

Category: Law

Page:

View: 617

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The Cambridge Companion to Grotius offers a comprehensive overview of Hugo Grotius (1583–1645) for students, teachers, and general readers, while its chapters also draw upon and contribute to recent specialised discussions of Grotius' oeuvre and its later reception. Contributors to this volume cover the width and breadth of Grotius' work and thought, ranging from his literary work, including his historical, theological and political writing, to his seminal legal interventions. While giving these various fields a separate treatment, the book also delves into the underlying conceptions and outlooks that formed Grotius' intellectual map of the world as he understood it, and as he wanted it to become, giving a new political and religious context to his forays into international and domestic law.

Great Christian Jurists in Spanish History

Great Christian Jurists in Spanish History

Author: Rafael Domingo

Publisher: Cambridge University Press

ISBN: 9781108687768

Category: Law

Page:

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The Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Spanish legal culture, developed during the Spanish Golden Age, has had a significant influence on the legal norms and institutions that emerged in Europe and in Latin America. This volume examines the lives of twenty key personalities in Spanish legal history, in particular how their Christian faith was a factor in molding the evolution of law. Each chapter discusses a jurist within his or her intellectual and political context. All chapters have been written by distinguished legal scholars from Spain and around the world. This diversity of international and methodological perspectives gives the volume its unique character; it will appeal to scholars, lawyers, and students interested in the interplay between religion and law.

The House is in a State

The House is in a State

Author: Antonia Karaisl von Karais

Publisher: Walter de Gruyter GmbH & Co KG

ISBN: 9783110714098

Category: Business & Economics

Page: 229

View: 127

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The book focuses on methodology, argument and context of 18th century philosopher Christian Wolff’s last book, the Oeconomica. This work, a rationalist guide to household morality, is discussed in conjunction with Wolff's natural law-based welfare state theory. A case study at a cross-section of philosophy, political science and history, it dissects the ideological conflation of private and public interest in the absolutist state.

Credit and Creed

Credit and Creed

Author: Andreas Rahmatian

Publisher: Routledge

ISBN: 9780429594847

Category: Law

Page: 260

View: 734

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Money is a legal institution with principal economic and sociological consequences. Money is a debt, because that is how it is conceptualised and comes into existence: as circulating credit – if viewed from the creditor’s perspective – or, from the debtor’s viewpoint, as debt. This book presents a legal theory of money, based on the concept of dematerialised property. It describes the money creation or money supply process for cash and for bank money, and looks at modern forms of money, such as cryptocurrencies. It also shows why mainstream economics presupposes, but avoids an analysis of, money by effectively eliminating money from the microeconomic market model and declaring it as merely a neutral medium of exchange and unit of account. The book explains that money rather brings about and influences substantially the exchange or transaction it is supposed to facilitate only as a neutral medium. As the most liquid of all assets, money enables financialisation, monetisation and commodification in the economy. The central role of the banks in the money creation process and in the economy, and their strengthened position after the bank rescue measures in the wake of the financial crisis 2008-9 are also discussed. Providing a rigorous analysis of the most salient legal issues regarding money, this book will appeal to legal theorists, economists and anyone working in commercial or banking law.

Francisco Suárez (1548–1617)

Francisco Suárez (1548–1617)

Author: Robert Aleksander Maryks

Publisher: BRILL

ISBN: 9789004395657

Category: Philosophy

Page: 556

View: 389

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This is a bilingual edition of the selected peer-reviewed papers that were submitted for the International Symposium on Jesuit Studies on the thought of the Jesuit Francisco Suárez (1548–1617). The symposium was co-organized in Seville in 2018 by the Departamento de Humanidades y Filosofía at Universidad Loyola Andalucía and the Institute for Advanced Jesuit Studies at Boston College.

Succession Law, Practice and Society in Europe across the Centuries

Succession Law, Practice and Society in Europe across the Centuries

Author: Maria Gigliola di Renzo Villata

Publisher: Springer

ISBN: 9783319762586

Category: Law

Page: 640

View: 908

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This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable key to interpreting and understanding current European succession law. Readers can explore such issues as the importance of a father’s permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women’s inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana’s jurisprudence.

The [Oxford] Handbook of the Jesuits

The [Oxford] Handbook of the Jesuits

Author: Ines G. Zupanov

Publisher: Oxford University Press

ISBN: 9780190924980

Category:

Page:

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Through its missionary, pedagogical, and scientific accomplishments, the Society of Jesus-known as the Jesuits-became one of the first institutions with a truly "global" reach, in practice and intention. The Oxford Handbook of the Jesuits offers a critical assessment of the Order, helping to chart new directions for research at a time when there is renewed interest in Jesuit studies. In particular, the Handbook examines their resilient dynamism and innovative spirit, grounded in Catholic theology and Christian spirituality, but also profoundly rooted in society and cultural institutions. It also explores Jesuit contributions to education, the arts, politics, and theology, among others. The volume is organized in seven major sections, totaling forty articles, on the Order's foundation and administration, the theological underpinnings of its activities, the Jesuit involvement with secular culture, missiology, the Order's contributions to the arts and sciences, the suppression the Order endured in the 18th century, and finally, the restoration. The volume also looks at the way the Jesuit Order is changing, including becoming more non-European and ethnically diverse, with its members increasingly interested in engaging society in addition to traditional pastoral duties.