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The School of Salamanca: A Case of Global Knowledge Production Max Planck Studies in Global Legal History of the Iberian Worlds Editor Thomas Duve The book volumes in the Max Planck Studies in Global Legal History of the Iberian Worlds publish research on legal history of areas which have been in contact with the Iberian empires during the early Modern and Modern period, in Europe, the Americas, Asia and Africa. Its focus is global in the sense that it is not limited to the imperial spaces as such but rather looks at the globalization of normativities within the space related to these imperial formations. It is global also in another sense: The volumes in the series pay special attention to the coexistence of a variety of normativities and their cultural translations in different places and moments, decentring classical research perspectives and opening up for different modes of normativity. The monographs, edited volumes and text editions in the series are peer reviewed, and published in print and online. Brill’s Open Access books are discoverable through doab and distributed free of charge in Brill’s E- Book Collections, and through oapen and jstor. volume 2 The titles published in this series are listed at brill.com/ mpiw The School of Salamanca: A Case of Global Knowledge Production Edited by Thomas Duve, José Luis Egío, and Christiane Birr LEIDEN | BOSTON This is an open access title distributed under the terms of the CC BY-NC 4.0 license, which permits any non-commercial use, distribution, and reproduction in any medium, provided the original author(s) and source are credited. Further information and the complete license text can be found at https://creativecommons.org/licenses/by-nc/4.0/ The terms of the CC license apply only to the original material. The use of material from other sources (indicated by a reference) such as diagrams, illustrations, photos and text samples may require further permission from the respective copyright holder. Cover illustration: Alonso de la Vera Cruz, Marginal annotations to Hadrianus Florentius, Quaestiones in quartum sententiarum praesertim circa Sacramenta, Paris 1518: heirs of Josse Bade (Museo Regional Michoacano, 56948- 9), f. Cr. © Museo Regional Michoacano. Library of Congress Cataloging-in-Publication Data Names: Duve, Thomas, 1967- editor. | Egío, José Luis, editor. | Birr, Christiane, editor. Title: The School of Salamanca : a case of global knowledge production / edited by Thomas Duve, José Luis Egío, and Christiane Birr. Description: Leiden ; Boston : Brill, 2021. | Series: Max Planck studies in global legal history of the Iberian worlds, 2590-3292 ; volume 2 | Includes bibliographical references and index. Identifiers: LCCN 2020056521 (print) | LCCN 2020056522 (ebook) | ISBN 9789004449732 (hardback) | ISBN 9789004449749 (ebook) Subjects: LCSH: Learning and scholarship–History–16th century. | Learning and scholarship–History–17th century. | Salamanca school (Catholic theology) | Alonso de la Vera Cruz, fray, approximately 1507-1584. Classification: LCC AZ346 .S45 2021 (print) | LCC AZ346 (ebook) | DDC 001.209/031–dc23 LC record available at https://lccn.loc.gov/2020056521 LC ebook record available at https://lccn.loc.gov/2020056522 Typeface for the Latin, Greek, and Cyrillic scripts: “Brill”. See and download: brill.com/brill- typeface. issn 2590- 3292 isbn 978- 90- 04- 44973- 2 (hardback) isbn 978- 90- 04- 44974- 9 (e- book) Copyright 2021 by Thomas Duve, José Luis Egío, and Christiane Birr. Published by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Brill Hes & De Graaf, Brill Nijhoff, Brill Rodopi, Brill Sense, Hotei Publishing, mentis Verlag, Verlag Ferdinand Schöningh and Wilhelm Fink Verlag. Koninklijke Brill NV reserves the right to protect this publication against unauthorized use. Requests for re- use and/ or translations must be addressed to Koninklijke Brill NV via brill.com or copyright.com. This book is printed on acid- free paper and produced in a sustainable manner. Contents Preface vii List of Figures x Notes on Contributors xii 1 The School of Salamanca A Case of Global Knowledge Production 1 Thomas Duve 2 Salamanca in the New World University Regulation or Social Imperatives? 43 Enrique González González 3 Observance against Ambition The Struggle for the Chancellor’s Office at the Real Universidad de San Carlos in Guatemala (1686– 1696) 82 Adriana Álvarez 4 The Influence of Salamanca in the Iberian Peninsula The Case of the Faculties of Theology of Coimbra and Évora 120 Lidia Lanza and Marco Toste 5 From Fray Alonso de la Vera Cruz to Fray Martín de Rada The School of Salamanca in Asia 169 Dolors Folch 6 Creating Authority and Promoting Normative Behaviour Confession, Restitution, and Moral Theology in the Synod of Manila (1582– 1586) 210 Natalie Cobo 7 “Sepamos, Señores, en que ley vivimos y si emos de tener por nuestra regla al Consejo de Indias”: Salamanca in the Philippine Islands 245 Osvaldo R. Moutin 8 “Mirando las cosas de cerca”: Indigenous Marriage in the Philippines in the Light of Law and Legal Opinions (17th– 18th Centuries) 264 Marya Camacho vi Contents 9 The Influence of the School of Salamanca in Alonso de la Vera Cruz’s De dominio infidelium et iusto bello First relectio in America 294 Virginia Aspe 10 Producing Normative Knowledge between Salamanca and Michoacán Alonso de la Vera Cruz and the Bumpy Road of Marriage 335 José Luis Egío 11 Legal Education at the University of Córdoba (1767– 1821): From the Colony to the Homeland A Reinterpretation of the Salamanca Tradition from a New Context 399 Esteban Llamosas Index 425 Preface During the last decades, a growing number of studies on the history of science, philosophy, theology, and law have highlighted the importance of the so- called “School of Salamanca”. These studies apply a multiplicity of approaches from a variety of disciplines (legal history, economic and political history, theology, ethnohistory, etc.) and have also renewed the debate about the definition and the scope of the School itself. Traditionally, the School has been identified as a comparatively small group of theologians, students and professors at the renowned Castilian university, starting with Francisco de Vitoria and Domingo de Soto. However, the importance of the School, its literature, methods, and the community of its scholars extended far beyond the small university town on the banks of the river Tormes. In recent years, the global profile of the School has become ever more evident. The decisive role played by its writings in the emergence of colonial normative regimes and the formation of a language of normativity on a global scale has been emphasized by studies in fields as diverse as the history of the university of Salamanca itself, colonial and impe- rial history, as well as the study of international law and of legal history. However, even in this broader picture, American and Asian actors usually appear as passive recipients of normative knowledge produced in Europe. It is this fundamental misconception of the agency in the so- called peripheries of the Iberian world that this book seeks to revise. Its case studies and ana- lytical approaches highlight the closely knit structures of personal, academic, and intellectual exchange between far- flung regions of the globe, revealing an epistemic community and a community of practice that cannot be fixed to a single place. The eleven chapters of this book propose a conceptual reorientation of the research on the School. The opening chapter (Thomas Duve) sets out the methodological foundation on which the following case studies and analyses are based, exploring the School of Salamanca as a phenomenon of global knowledge production. Geographically, the case studies comprise such diverse regions of the Iberian world as México (Virginia Aspe, José Luis Egío), Guatemala (Adriana Álvarez), Portugal (Lidia Lanza/ Marco Toste), Tucumán, part of the Viceroyalty of Peru (Esteban Llamosas) and the Philippines (Marya Camacho, Natalie Cobo, Dolors Folch, Osvaldo Moutin). The topics range from university history and historiography (Adriana Álvarez, Enrique González González, Lidia Lanza/ Marco Toste, Esteban Llamosas), governance and eccle- siastical legislation (Natalie Cobo, Osvaldo Moutin), the highly debated ques- tion of indigenous dominium (Virginia Aspe) to the sacraments of marriage viii Preface (José Luis Egío) and penance (Natalie Cobo). The global dimension of the biographies and careers of the members of the School are the subject of var- ious contributions. As examples of these careers linking Salamanca with the Iberian world across the globe serve Alonso de la Vera Cruz as one of the most important American authors of this globally understood School of Salamanca (discussed by Virginia Aspe, José Luis Egío and Dolors Folch) and Domingo de Salazar, a Salamanca- educated theologian who went on to become the first bishop of Manila (see Osvaldo Moutin’s contribution). The authors of the chapters take up recurring themes in order to offer a consolidated, interconnected treatment of the School of Salamanca as a phe- nomenon of global knowledge production that the School of Salamanca was. The volume’s Argentinian, British, German, Italian, Mexican, Portuguese, Philippine, and Spanish contributors represent different disciplines, such as legal history, cultural history, social history, philosophy, and canon law. Most of them took part in the conference “La Escuela de Salamanca, ¿un ejemplo de producción global
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