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This collection of articles, thoroughly documented, analyses particular aspects of the Spanish 16th and 17th centuries. It discusses a range of topics, including the Catholic reason of state, anti-Machiavellianism, and royal power and its limits, from the point of view of Golden Age authors. This is a work where literature, law theory and political philosophy combine their efforts to offer an unusual portrait of power in Spanish society during a time of deep change.
This volume presents 15 studies occasioned by the 500th anniversary of the European discovery of America. It covers both the initial encounters between the Europeans and native Americans and the golden age of Hispanic philosophy that followed the discovery - specifically between 1500 and 1650.
Juan de Solorzano Pereira (1575-1654) was a lawyer who spent eighteen years as a judge in Peru before returning to Spain to serve on the Councils of Castile and of the Indies. Considered one of the finest lawyers in Spain, his work, De Indiarum Jure, was the most sophisticated defense of the Spanish conquest of the Americas ever written, and he was widely cited in Europe and the Americas until the early nineteenth century. His work, and that of the Spanish School of international law theorists generally, is often seen as leading to Hugo Grotius and modern international law. However, as James Muldoon shows, the De Indiarum Jure represents the fullest development of a medieval Catholic theory of international order that provided an alternative to the Grotian theory.
The Unheard Voice of Law in Bartolomé de las Casas’s Brevísima relación de la destruición de las Indias reinterprets Las Casas’s controversial treatise as a legal document, whose legal character is linked to civil and ecclesial genres of the Early Modern and late Renaissance juridical tradition. Bartolomé de las Casas proclaimed: "I have labored to inquire about, study, and discern the law; I have plumbed the depths and have reached the headwaters." The Unheard Voice also plumbs the depths of Las Casas’s voice of law in his widely read and highly controversial Brevísima relación—a legal document published and debated since the 16th century. This original reinterpretation of his Very Brief Account uncovers the juridical approach voiced in his defense of the Indigenous peoples of the Americas. The Unheard Voice innovatively asserts that the Brevísima relación’s legal character is intimately linked to civil and ecclesial genres of the late Renaissance juridical tradition. This paradigm-shifting book contextualizes the formation of Las Casas’s juridical voice in canon law and theology—initially as a secular cleric, subsequently as a Dominican friar, and finally as a diocesan bishop—and demonstrates how his experienced juridical voice fought for justice in trans-Atlantic debates about Indigenous peoples’ level of humanity, religious freedom, enslavement, and conquest. Reaching the headwaters of Las Casas’s hitherto unheard juridical voice of law in the Brevísima relación provides readers with a previously unheard interpretation—an appealing voice for readers and students of this powerful Early Modern text that still resonates today. The Unheard Voice of Law is a valuable companion text for many in the disciplines of literature, history, theology, law, and philosophy who read Bartolomé de las Casas’s Very Brief Account and study his life, labor, and legacy.
Monetary law is essential to the functioning of private transactions and international dealings by the state: nearly every legal transaction has a monetary aspect. Money in the Western Legal Tradition presents the first comprehensive analysis of Western monetary law, covering the civil law and Anglo-American common law legal systems from the High Middle Ages up to the middle of the 20th century. Weaving a detailed tapestry of the changing concepts of money and private transactions throughout the ages, the contributors investigate the special contribution made by legal scholars and practitioners to our understanding of money and the laws that govern it. Divided in five parts, the book begins with the coin currency of the Middle Ages, moving through the invention of nominalism in the early modern period to cashless payment and the rise of the banking system and paper money, then charting the progression to fiat money in the modern era. Each part commences with an overview of the monetary environment for the historical period written by an economic historian or numismatist. These are followed by chapters describing the legal doctrines of each period in civil and common law. Each section contains examples of contemporary litigation or statute law which engages with the distinctive issues affecting the monetary law of the period. This interdisciplinary approach reveals the distinctive conception of money prevalent in each period, which either facilitated or hampered the implementation of economic policy and the operation of private transactions.
Natural Law, Constitutionalism, Reason of State, and War: Counter-Reformation Spanish Political Thought (Volumes I and II) aims at understanding how Spanish thinkers in the sixteenth and early seventeenth centuries approached the emerging institution of the state. The volumes are divided evenly into four distinct but related parts that cover the Spaniards' central concerns. In the first, a fundamental question is asked: Is the state a natural institution? In the second, the theme is the best form of government. The third part is concerned with the imperative need to define the ethical boundaries beyond which the state must not trespass. Finally, the fourth part examines the question of war as an instrument of policy.
The Jesuit Juan de Mariana (1535-1624) is one of the most misunderstood authors in the history of political thought. His treatise De rege et regis institutione libri tres (1599) is dedicated to Philip III of Spain. It was to present the principles of statecraft by which the young king was to abide. Yet soon after its publication, Catholic and Calvinist politiques in France started branding Mariana a regicide. De rege was said to empower the private individual to kill a legitimate king. Its 'pernicious doctrines' were blamed for the murder of Henry IV in 1610, and it was burned at the order of the parlement of Paris. Modern historians have tended to build on this interpretation and consider De rege a stepping stone towards modern pluralist and democratic thought. Nothing could be further from the truth. The notion of Mariana as an uncompromising theorist of resistance is in fact based on the distorted reading of a few select sentences from the first book of the treatise. This study offers a radical departure from the old view of Mariana as an early modern constitutionalist thinker and advocate of regicide. Thorough analysis of the text as a whole reveals him to be a shrewd and creative operator of political language as well as a champion of the church and bishops of Castile. The argument as a whole is informed by a Catholic-Augustinian view of human nature. Mariana's bleak, at times downright cynical view of man imparts focus and coherence to a text that challenges well established terminological boundaries and political discourses. In the first instance, his deeply pessimistic appraisal of human virtue justifies his disregard of positive law. He is thus able to mould diverse elements extracted from Roman and canon law, scholastic theology and humanist literature into a deliberately equivocal discourse of reason of state. Finally, this secular interpretation of the world of politics is cleverly yoked to a thoroughly clerical agenda of reform. In fact, reason of state is made to propagate an episcopal monarchy. De rege is exceptional in that it strings together a curious scholastic theory of the origins of society, a conservative ideology of absolute monarchy and a breathtakingly radical vision of theocratic renewal of Spanish government and society. Juan de Mariana and Early Modern Political Thought elucidates the differentiated nature of political debate in Habsburg Spain. It confirms the complexity of Spanish political life in the later sixteenth and early seventeenth century. Complementing recent work on Catholic political thought, the European reception of Machiavelli, and Spanish Habsburg government, this study offers a more complete and holistic picture of early modern Spanish political culture.
The Routledge Companion to Literature and Human Rights provides a comprehensive, transnational, and interdisciplinary map to this emerging field, offering a broad overview of human rights and literature while providing innovative readings on key topics. The first of its kind, this volume covers essential issues and themes, necessarily crossing disciplines between the social sciences and humanities. Sections cover: subjects, with pieces on subjectivity, humanity, identity, gender, universality, the particular, the body forms, visiting the different ways human rights stories are crafted and formed via the literary, the visual, the performative, and the oral contexts, tracing the development of the literature over time and in relation to specific regions and historical events impacts, considering the power and limits of human rights literature, rhetoric, and visual culture Drawn from many different global contexts, the essays offer an ideal introduction for those approaching the study of literature and human rights for the first time, looking for new insights and interdisciplinary perspectives, or interested in new directions for future scholarship. Contributors: Chris Abani, Jonathan E. Abel, Elizabeth S. Anker, Arturo Arias, Ariella Azoulay, Ralph Bauer, Anna Bernard, Brenda Carr Vellino, Eleni Coundouriotis, James Dawes, Erik Doxtader, Marc D. Falkoff, Keith P. Feldman, Elizabeth Swanson Goldberg, Audrey J. Golden, Mark Goodale, Barbara Harlow, Wendy S. Hesford, Peter Hitchcock, David Holloway, Christine Hong, Madelaine Hron, Meg Jensen, Luz Angélica Kirschner, Susan Maslan, Julie Avril Minich, Alexandra Schultheis Moore, Greg Mullins, Laura T. Murphy, Hanna Musiol, Makau Mutua, Zoe Norridge, David Palumbo-Liu, Crystal Parikh, Katrina M. Powell, Claudia Sadowski-Smith, Mark Sanders, Karen-Magrethe Simonsen, Joseph R. Slaughter, Sharon Sliwinski, Sidonie Smith, Domna Stanton, Sarah G. Waisvisz, Belinda Walzer, Ban Wang, Julia Watson, Gillian Whitlock and Sarah Winter.
Now in its 46th edition, British Qualifications is the definitive one-volume guide to every qualification on offer in the United Kingdom. With an equal focus on vocational studies, this essential guide has full details of all institutions and organizations involved in the provision of further and higher education and is an essential reference source for careers advisors, students and employers. It also includes a comprehensive and up-to-date description of the structure of further and higher education in the UK. The book includes information on awards provided by over 350 professional institutions and accrediting bodies, details of academic universities and colleges and a full description of the current framework of academic and vocational education. It is compiled and checked annually to ensure accuracy of information.
This study sets out to help restore Persiles to pride of place within Cervantes's corpus by reading it as the author's summa, as a boldly new kind of prose epic that casts an original light on the major political, religious, social, and literary debates of its era.