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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.
Rule is commonly conceptualized with reference to the compliance it invokes. In this article, we propose a conception of rule via the practice of resistance instead. In contrast to liberal approaches, we stress the possibility of illegitimate rule, and, as opposed to critical approaches, the possibility of legitimate authority. In the international realm, forms of rule and the changes they undergo can thus be reconstructed in terms of the resistance they provoke. To this end, we distinguish between two types of resistance—opposition and dissidence—in order to demonstrate how resistance and rule imply each other. We draw on two case studies of resistance in and to international institutions to illustrate the relationship between rule and resistance and close with a discussion of the normative implications of such a conceptualization.