The Salamanca Working Paper Series
'The School of Salamanca. A Digital Collection of Sources and a Dictionary of its Juridical-Political Language' is a project building a digital text corpus including more than 120 works of the Salmantine jurists and theologians in selected prints from the 16th and 17th centuries and a complementary historic dictionary of circa 300 essential terms of the Salmantine School's juridic-politic language, bringing together international and interdisciplinary research perspectives. It is funded by the Academy of Sciences and Literature, Mainz, and hosted at the Max-Planck-Institute for European Legal History and the Institute of Philosophy at Goethe-University, both in Frankfurt/Main.
The Project's peer-reviewed Working Paper Series aims to reflect the thematic and disciplinary variety of the School and the transnational history of its reception. It features research articles by the project staff as well as of other authors.
More information is available at http://salamanca.adwmainz.de/
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2014, 2
Luis de Molina (1535-1600) grants slaves a legal status through which they can take up a position with respect to their masters between equivalent legal entity and legal object. Here, what is decisive is the figure of the subjective right, which both for Molina and modern proponents of this legal concept describes the 'right per se'. According to Molina's definition of ius, the denial of a subjective right or the hindrance of exercising an individual right represents an injustice. The rights granted to a slave in virtue of his being regarded a human being (despite the condition of slavery) serve to protect the slave against unjust acts. Molina does not distinguish the slave as a legal entity as separate from his master insofar as the slave should be protected against injustices committed against him or his property; injustices for which he would be entitled to compensation. Yet, the slave is not able to stake his claim to a particular right because it is not possible for him to take the matter to court. His natural law justified coequal legal status with respect to his master is limited in such a way by the positive legal order (by means of which slavery is generally made possible) that he is to be held legally incompetent as a legal entity with regard to defending and enforcing his 'qua homo'-legal rights. This precarious situation is due to the complicated legal intermediate position of a human legal entity, which, at the same time, represents the legal object of another person.