Americas in the Spanish World Order: The Justification for Conquest in the Seventeenth Century

Overview

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. In this work he not only drew on traditional legal and the logical materials used to defend...
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Overview

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. In this work he not only drew on traditional legal and the logical materials used to defend the conquest, but also employed anthropology and history to compare the social and political development of the New World with that of the Old. His work, with 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 Americas in the Spanish World Order offers a sophisticated evaluation of the significance of the legal and theological debates that attended the Spanish conquest of the New World. It will be of interest to students and scholars of medieval and early modern Spanish and legal history.
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Editorial Reviews

Booknews
Renowned Spanish lawyer Juan de Solorzano Pereira's (1575- 1654) defense of the European conquest of the Americas is usually considered the beginning of a school of legal thought that led directly to modern international law. But Muldoon (history, Rutgers U.) contends that Solorzano's De Indiarum Jure was in fact the fullest development of a medieval Catholic theory of international order, and posed an alternative to the thought that has survived. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780812232455
  • Publisher: University of Pennsylvania Press
  • Publication date: 7/1/1994
  • Pages: 256

Table of Contents

Preface
Introduction 1
1 The Law of Christian-Infidel Relations: The Spanish Title to the New World 15
2 To Civilize the Barbarian - The Anthropology and the History 38
3 The Mechanics of Political Evolution 66
4 The Mechanics of Political Evolution - The Natural Law 78
5 A Legitimate Claim to the Indies - The Theory of Papal Power 96
6 A Legitimate Claim to the Indies - Papal Jurisdiction over the Infidels 110
7 A Legitimate Claim to the Indies - The History of Papal-Royal Relations 127
8 Order and Harmony Among the Nations 143
Conclusion 165
Notes 177
Bibliography 219
Index 235
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