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The presence of moral theology and scholasticism in the recently published Oxford Handbook of Legal History and Oxford Handbook of European Legal History is very limited. The first volume aims to be iconoclastic. It explicitly does not seek to provide a kind of global historical account but instead presents some of the innovative methodological perspectives guiding current legal historical research. Thomas Duve, writing about the contribution of the School of Salamanca to the theorization of a certain framework of "indigenous rights" during the period of colonial domination, is thus the only contributor to this volume who mentions moral theology. In the Handbook of European Legal History, there are two articles on important scholastic contributions to legal history that also deal with the influence of Salamanca and related scholastic authors to equally wide fields of legal thinking. Wim Decock discusses authors of the second scholasticism in the context of the law of property and obligations (611–632), and David Ibbetson writes on natural law (566–582). In the following, I will focus on Ibbetson’s chapter, which only partially matches the ambitious intended aims of the volume editors (Pihlajamäki, Dubber, Godfrey): to "chart the landscape of contemporary research" and to show the global impact that European legal systems had "from the fifteenth century onwards". ...
This article examines the reflections on legal translation set out in two Relaciones written by the 16th century Spanish jurist Alonso de Zorita. These serve as excellent illustrations for the creative dimension motivating several of the proposals for the adaptation of Castilian law to native legal custom in the Americas. My analysis focuses on some of the linguistic issues implied by Zorita’s proposal for the restoration of an idealized pre-Hispanic polity: the use of the native pictorial legal sources, and it considers some of the issues and dilemmas related to their proper interpretation and translation.
Matías De Paz and the introduction of thomism in the Asuntos De Indias: a conceptual revolution
(2018)
Most of the writings dedicated to assessing the contribution of the Spanish Second Scholasticism to the controversial issue of infidels’ dominion began their analyses with the well-known Francisco de Vitoria’s Relectiones (1532). This article offers a reconstruction of the history of the theological and juridical debates on this key issue on the Iberian Peninsula since the late 13th century. Special attention is paid to friar Matías de Paz, who was asked to offer his advice on the early patterns of rule and domination imposed on the Native Americans at the Junta de Burgos (1512), introduced to the discussions about asuntos de Indias the Thomist conceptual framework later employed by Vitoria, Soto, Suárez and many other prominent members of the so-called School of Salamanca. The article shows that it was, in fact, De Paz who first considered the Amerindians infidels affected by an "invincible ignorance", and he tried to curb some of the many abuses committed against them by applying the distinctions between different types of dominium and principatus.
The four tomes included in La herencia de Cristóbal Colón. Estudio y colección documental de los mal llamados pleitos colombinos (1492–1541) are a scholarly contribution intended to settle the decades-long debate around the lawsuits that were (erroneously) designated in the historiography as the pleitos colombinos (Columbian lawsuits). The archival discoveries made by Consuelo Varela, Bibiano Torres, Antonio López Gutiérrez, Isabel Velázquez Soriano and Anunciada Colón de Carvajal (researcher and descendant, as it turns out, of Christopher Columbus) have led to a substantial revision of some preliminary and tentative arguments outlined earlier in partial editions of these documents. That is, the claim put forward by professors José Manuel Pérez-Prendes and Anunciada Colón de Carvajal in the voluminous introductory study contained in the first volume of the four-volume set, which, including the documentary collection, comprises more than 3,500 pages. ...