TY - JOUR A1 - Birr, Christiane T1 - Before Vitoria. Early theological and juridical responses to the Spanish expansion : introductory remarks T2 - Rechtsgeschichte = Legal history N2 - There is a consensus among historians that the School of Salamanca brought something new to the development of early modern European legal thinking and methodology. Francisco de Vitoria is considered, not only by modern researchers but also by his contemporaries (from Melchor Cano onward), the origin of the school and its founding figure. He is famously claimed to have introduced Thomas Aquinas’s Summa theologiae as the fundamental text for theological lectures at the University of Salamanca and so prepared the ground for the upsurge of academic activity and intellectual brilliance of late or modern scholasticism at Spanish, Portuguese, and American universities. Regardless of the differences in the assessments of the late scholastics’ political stance (whether viewed as trailblazers on the way to human rights and a modern law of nations or as conservative imperialists, whose sole intent was the perpetuation and legitimation of the Spanish rule in the Americas), Vitoria and his followers are seen as intellectual innovators, opening the restrictive traditions of medieval scholarship to the modern exigencies of a globalized world. This almost universal image has recently been called into question, with Jacob Schmutz showing that Vitoria was not quite the first to introduce Aquinas’s Summa into the teaching of Salamanca’s theological faculty, and Thomas Duve recently asking outright: Did everything actually start with Francisco de Vitoria? ... Y1 - 2018 UR - http://publikationen.ub.uni-frankfurt.de/frontdoor/index/index/docId/50552 UR - https://nbn-resolving.org/urn:nbn:de:hebis:30:3-505522 SN - 2195-9617 SN - 1619-4993 N1 - Dieser Beitrag steht unter einer Creative Commons cc-by-nc-nd 3.0 VL - 26 SP - 234 EP - 235 PB - Max-Planck-Inst. für Europäische Rechtsgeschichte CY - Frankfurt, M. ER -