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Colonization of the «Indies». the Origin of International Law?
LA IDEA DE AMERICA 25/10/10 12:15 Página 43 COLONIZATION OF THE «INDIES» THE ORIGIN OF INTERNATIONAL LAW? MARTTI KOSKENNIEMI It is widely agreed that international law has its origins in the writings of the Spanish theologians of the 16th century, especially the so-called «School of Sala- manca», who were reacting to the news of Columbus having found not only a new continent but a new population, living in conditions unknown to Europeans and having never heard the gospel. The name of Francisco de Vitoria (c. 1492- 1546) the Dominican scholar who taught as Prima Professor with the theology fa- culty at the University of Salamanca from 1526 to 1546, is well-known to interna- tional law historians. This was not always the case. For a long time, international lawyers used to draw their pedigree from the Dutch Protestant Hugo de Groot (or Grotius) (1583-1645) who wrote as advocate of the Dutch East-India company in favour of opening the seas to Dutch commerce against the Spanish-Portuguese monopoly. Still in the 18th and 19th centuries, the law of nations —ius gentium— was seen as a predominantly Protestant discipline that drew its inspiration from the natural law taught by such followers of Grotius as the Saxon Samuel Pufen- dorf (1632-1694) and the Swiss Huguenot Emer de Vattel (1714-1767), followed by a series of professors at 18th century German universities1. It was only towards the late-19th century when the Belgian legal historian Er- nest Nys pointed to the Catholic renewal of natural law during the Spanish siglo de oro that attention was directed to Vitoria and some of his successors, especially the Jesuit Francisco Suárez, (1548-1617), who had indeed developed a universally applicable legal vocabulary —something that late— 19th century jurists, including Nys himself, were trying to achieve2. -
Legal Imagination in Vitoria : the Power of Ideas
Legal Imagination in Vitoria. The Power of Ideas Pablo Zapatero* Professor of Public International Law, Carlos III University, Madrid, Spain 1. A Man’s Ideas Legal progress is often propelled by concepts first envisioned in academia. In this light, the present article explores the ideas of a fascinating intellectual figure: Francisco de Vitoria (1483-1546),1 a man broadly recognized as one of the “founding fathers” of international law. The writings and lectures of this 16th century Dominican friar formulated innovative legal doctrines in an age of uncertainty and profound social change; an age that gave birth to the modern States that, with their centralized power, signalled the demise of medieval pluralism, the dismemberment of Christendom, and the erosion of imperial and papal aspirations to universal power. Medieval Europe, before then, had defined itself as a cultural, political and religious unity: the Res Publica Christiana. The first half of the 16th century witnessed the final breakdown of that order, the emergence of the modern sovereign state and the subsequent development of the European state system. It was also in this age that a singular event transformed con- ventional conceptions of the world and consolidated anthropocentrism: the discovery of America.2 A ‘stellar moment’ of literature, political and legal * For correspondence use [email protected]. Unless otherwise indicated, translations in this paper are by the author. 1) See Getino, L.G. El Maestro Fr. Francisco de Vitoria: Su vida, su doctrina e influencia, Imprenta Católica, 1930 and de Heredia, Beltrán. Francisco de Vitoria, Editorial Labor, 1939. 2) Pérez Luño, A. -
V49 No 1 2013
1 Journal of Critical Perspectives on Asia Vinod Raina (1950–2013) Eduardo C. TADEM and Katrina S. NAVALLO Introduction Eduardo C. TADEM and Janus Isaac V. NOLASCO ARTICLES From Cádiz to La Liga: The Spanish Context of Rizal’s Political Thought George ASENIERO Rural China: From Modernization to Reconstruction Tsui SIT and Tak Hing WONG A Preliminary Study of Ceiling Murals from Five Southeastern Cebu Churches Reuben Ramas CAÑETE Bayan Nila: Pilipino Culture Nights and Student Performance at Home in Southern California Neal MATHERNE COMMENTARIES Identity Politics in the Developmentalist States of East Asia: The Role of Diaspora Communities in the Growth of Civil Societies Kinhide MUSHAKOJI La Liga in Rizal Scholarship George ASENIERO Influence of Political Parties on the Judicial Process in Nepal Md. Nurul MOMEN REVIEWS LITERARY WRITINGS Thomas David CHAVES Celine SOCRATES Volume V4olume9 Number 49:1 (2013) 1 2013 2 ASIAN STUDIES is an open-access, peer-reviewed academic journal published since 1963 by the Asian Center, University of the Philippines Diliman. EDITORIAL BOARD* • Eduardo C. Tadem (Editor in Chief), Asian Studies • Michiyo Yoneno-Reyes (Book Review editor), Asian Studies • Eduardo T. Gonzalez, Asian and Philippine Studies • Ricardo T. Jose, History • Joseph Anthony Lim, Economics • Antoinette R. Raquiza, Asian Studies • Teresa Encarnacion Tadem, Political Science • Lily Rose Tope, English and Comparative Literature *The members of the Editorial Board are all from the University of the Philippines Diliman EDITORIAL STAFF • Janus Isaac V. Nolasco, Managing Editor • Katrina S. Navallo, Editorial Associate • Ariel G. Manuel, Layout Artist EDITORIAL ADVISORY BOARD • Patricio N. Abinales, University of Hawaii at Manoa • Andrew Charles Bernard Aeria, University of Malaysia Sarawak • Benedict Anderson, Cornell University • Melani Budianta, University of Indonesia • Urvashi Butalia, Zubaan Books (An imprint of Kali for Women) • Vedi Renandi Hadiz, Murdoch University • Caroline S. -
International Congress
Copertina_Copertina.qxd 29/10/15 16:17 Pagina 1 THE PONTIFICAL ACADEMY OF INTERNATIONAL SAINT THOMAS AQUINAS CONGRESS SOCIETÀ Christian Humanism INTERNAZIONALE TOMMASO in the Third Millennium: I N T D’AQUINO The Perspective of Thomas Aquinas E R N A T I O N Rome, 21-25 September 2003 A L C O N G R E S …we are thereby taught how great is man’s digni - S ty , lest we should sully it with sin; hence Augustine says (De Vera Relig. XVI ): ‘God has C h r i proved to us how high a place human nature s t i a holds amongst creatures, inasmuch as He n H appeared to men as a true man’. And Pope Leo u m says in a sermon on the Nativity ( XXI ): ‘Learn, O a n i Christian, thy worth; and being made a partici - s m i pant of the divine nature (2 Pt 1,4) , refuse to return n t by evil deeds to your former worthlessness’ h e T h i r d M i St. Thomas Aquinas l l e n Summa Theologiae III, q.1, a.2 n i u m : T h e P e r s p e c t i v e o f T h o m a SANCT s IA I T A M H q E O u D M i A n C A a E A s A A I Q C U I F I I N T A T N I O S P • PALAZZO DELLA CANCELLERIA – A NGELICUM The Pontifical Academy of Saint Thomas Aquinas (PAST) Società Internazionale Tommaso d’Aquino (SITA) Tel: +39 0669883195 / 0669883451 – Fax: +39 0669885218 E-mail: [email protected] – Website: http://e-aquinas.net/2003 INTERNATIONAL CONGRESS Christian Humanism in the Third Millennium: The Perspective of Thomas Aquinas Rome, 21-25 September 2003 PRESENTATION Since the beginning of 2002, the Pontifical Academy of Saint Thomas and the Thomas Aquinas International Society, have been jointly preparing an International Congress which will take place in Rome, from 21 to 25 September 2003. -
Acta 15 Pass
00_Prima Parte_Acta 15:Prima Parte-Acta9 17/02/10 08:35 Pagina 1 CATHOLIC SOCIAL DOCTRINE AND HUMAN RIGHTS 00_Prima Parte_Acta 15:Prima Parte-Acta9 17/02/10 08:35 Pagina 2 Address The Pontifical Academy of Social Sciences Casina Pio IV, 00120 Vatican City Tel.: +39 0669881441 – Fax: +39 0669885218 E-mail: [email protected] 00_Prima Parte_Acta 15:Prima Parte-Acta9 17/02/10 08:35 Pagina 3 THE PONTIFICAL ACADEMY OF SOCIAL SCIENCES Acta 15 CATHOLIC SOCIAL DOCTRINE AND HUMAN RIGHTS the PROCEEDINGS of the 15th Plenary Session 1-5 May 2009 • Casina Pio IV Edited by Roland Minnerath Ombretta Fumagalli Carulli Vittorio Possenti IA SCIEN M T E IA D R A V C M A S A O I C C I I A F I L T I V N M O P VATICAN CITY 2010 00_Prima Parte_Acta 15:Prima Parte-Acta9 17/02/10 08:35 Pagina 4 The opinions expressed with absolute freedom during the presentation of the papers of this plenary session, although published by the Academy, represent only the points of view of the participants and not those of the Academy. 978-88-86726-25-2 © Copyright 2010 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, recording, photocopying or otherwise without the expressed written permission of the publisher. THE PONTIFICAL ACADEMY OF SOCIAL SCIENCES VATICAN CITY 00_Prima Parte_Acta 15:Prima Parte-Acta9 17/02/10 08:35 Pagina 5 His Holiness Pope Benedict XVI 00_Prima Parte_Acta 15:Prima Parte-Acta9 17/02/10 08:35 Pagina 6 Participants in the conference hall of the Casina Pio IV 00_Prima Parte_Acta 15:Prima Parte-Acta9 17/02/10 08:35 Pagina 7 Participants of the 15th Plenary Session 00_Prima Parte_Acta15:PrimaParte-Acta917/02/1008:35Pagina8 His Holiness Benedict XVI with the Participants of the 15th Plenary Session 00_Prima Parte_Acta 15:Prima Parte-Acta9 17/02/10 08:35 Pagina 9 CONTENTS Address of the Holy Father to the Participants......................................... -
The Sea Within: Marine Tenure and Cosmopolitical Debates
THE SEA WITHIN MARINE TENURE AND COSMOPOLITICAL DEBATES Hélène Artaud and Alexandre Surrallés editors IWGIA THE SEA WITHIN MARINE TENURE AND COSMOPOLITICAL DEBATES Copyright: the authors Typesetting: Jorge Monrás Editorial Production: Alejandro Parellada HURIDOCS CIP DATA Title: The sea within – Marine tenure and cosmopolitical debates Edited by: Hélène Artaud and Alexandre Surrallés Print: Tarea Asociación Gráfica Educativa - Peru Pages: 226 ISBN: Language: English Index: 1. Indigenous Peoples – 2. Maritime Rights Geografical area: world Editorial: IWGIA Publications date: April 2017 INTERNATIONAL WORK GROUP FOR INDIGENOUS AFFAIRS Classensgade 11 E, DK 2100 - Copenhagen, Denmak Tel: (+45) 35 27 05 00 – E-mail: [email protected] – Web: www.iwgia.org To Pedro García Hierro, in memoriam Acknowledgements The editors of this book would like to thank the authors for their rigour, ef- fectiveness and interest in our proposal. Also, Alejandro Parellada of IWGIA for the enthusiasm he has shown for our project. And finally, our thanks to the Fondation de France for allowing us, through the “Quels littoraux pour demain? [What coastlines for tomorrow?] programme to bring to fruition the reflection which is the subject of this book. Content From the Land to the Sea within – A presentation Alexandre Surrallés................................................................................................ .. 11 Introduction Hélène Artaud...................................................................................................... ....15 PART I -
Contemporary Perspectives on Natural Law
1 CONTEMPORARY PERSPECTIVES ON NATURAL LAW 2 [Dedication/series information/blank page] 3 CONTEMPORARY PERSPECTIVES ON NATURAL LAW NATURAL LAW AS A LIMITING CONCEPT 4 [Copyright information supplied by Ashgate] 5 CONTENTS Note on the sources and key to abbreviations and translations Introduction Part One The Concept of Natural Law 1. Ana Marta González. Natural Law as a Limiting Concept. A Reading of Thomas Aquinas Part Two Historical Studies 2. Russell Hittinger. Natural Law and the Human City 3. Juan Cruz. The Formal Foundation of Natural Law in the Golden Age. Vázquez and Suárez’s case 4. Knud Haakonssen. Natural Law without Metaphysics. A Protestant Tradition 5. Jeffrey Edwards. Natural Law and Obligation in Hutcheson and Kant 6. María Jesús Soto–Bruna. Spontaneity and the Law of Nature. Leibniz and the Precritical Kant 7. Alejandro Vigo. Kant’s Conception of Natural Right 8. Montserrat Herrero. The Right of Freedom Regarding Nature in G. W. F. Hegel’s Philosophy of Right 6 Part Three Controversial Issues about Natural Law 9. Alfredo Cruz. Natural Law and Practical Philosophy. The Presence of a Theological Concept in Moral Knowledge 10. Alejandro Llano. First Principles and Practical Philosophy 11. Christopher Martin. The Relativity of Goodness: a Prolegomenon to a Rapprochement between Virtue Ethics and Natural Law Theory 12. Urbano Ferrer. Does the Naturalistic Fallacy Reach Natural Law? 13. Carmelo Vigna. Human Universality and Natural Law Part Four Natural Law and Science 14. Richard Hassing. Difficulties for Natural Law Based on Modern Conceptions of Nature 15. John Deely. Evolution, Semiosis, and Ethics: Rethinking the Context of Natural Law 16. -
Max Planck Studies in Global Legal History of the Iberian Worlds
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. -
Environmental Thought During Spain's Golden Age, 1492-1618 by Harley
Managing the Empire’s Wealth: Environmental Thought during Spain’s Golden Age, 1492-1618 By Harley Davidson Submitted to the graduate degree program in History and the Graduate Faculty of the University of Kansas in partial fulfillment of the requirements for the degree of Doctor of Philosophy. ________________________________ Chairperson, Luis Corteguera ________________________________ Sara Gregg ________________________________ Greg Cushman ________________________________ Anton Rosenthal ________________________________ Santa Arias Date Defended: April 8, 2016 ii The Dissertation Committee for Harley Davidson certifies that this is the approved version of the following dissertation: Managing the Empire’s Wealth: Environmental Thought during Spain’s Golden Age, 1492-1618 ________________________________ Chairperson, Luis Corteguera Date approved: April 8, 2016 iii Abstract During the sixteenth century, or Spain's so-called "Golden Age," Spain's understanding of wealth, resource management, and cosmology underwent massive evolution in the face of gaining an empire in the Americas. Before the conquest of the Americas, resource scarcity and the need for careful resource management defined Spanish environmental thought. Afterward, the idea that the Americas could provide infinite wealth took precedence. But as the century progressed and the empire declined, people from different parts of Spanish society--municipal councilmen, conquistadors, royal cosmographers, and royal reformers--reconciled these two ideas into one line of thought: abundant -
UNODA Occasional Papers WORKSHOPS MEETINGS PRESENTATIONS PAPERS SEMINARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGS PRESENTATIONS No
MEETINGS PRESENTATIONS PAPERS SEMINARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGS PRESENTATIONS PAPERS SEMI- NARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGS PRESENTATIONS PAPERS SEMINARS STATEMENTS SYMPOSIA WORK- SHOPS MEETINGS PRESENTATIONS PAPERS SEMINARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGS PRESENTATIONS PA- PERS SEMINARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGS PRESENTATIONS PAPERS SEMINARS STATEMENTS SYMPOSIA UNODA Occasional Papers WORKSHOPS MEETINGS PRESENTATIONS PAPERS SEMINARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGS PRESENTATIONS No. 37, December 2020 PAPERS SEMINARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGS PRESENTATIONS PAPERS SEMINARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGS PRESENTATIONS PAPERS SEMINARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGS PRESENTATIONS PAPERS SEMINARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGS PRESENTATIONS PAPERS SEMINARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGS PRESENTATIONS PAPERS SEMINARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGS PRESENTATIONS PAPERS SEMINARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGS PRESENTATIONS PAPERS SEMINARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGS PRESENTATIONS PAPERS SEMINARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGS PRESENTATIONS United Nations Programme PAPERS SEMINARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGSof Fellowships PRESENTATIONS on Disarmament PAPERS SEMINARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGS PRESENTATIONS PAPERS SEMINARS STATEMENTS SYMPOSIAat 40 WORKSHOPS MEETINGS PRESENTATIONS PAPERS SEMINARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGS PRESENTATIONS PAPERS SEMINARS STATEMENTS SYMPOSIA WORKSHOPS MEETINGS -
Tales Inside the History of Salamanca
Tales inside the history of Salamanca 1. The Convent of San Esteban – A tale of Christopher Columbus and brother Francisco de Vitoria 2. The Cave of Salamanca – A tale of witchcraft 3. The Garden of Calisto and Melibea – A tale of love 4. Tentenecio Street – A tale of bravery or a miracle 5. Patio de escuelas – The tale of the frog and the ´famous´ professors along the time 6. The Catholic University Pontificia – A tale of a beautiful building 7. The Shell House – A tale of a hidden treasure 8. The House of the Dead – A tale of love and revenge ©Goforit S.C. 2017 INTRODUCTION TO THE WALK: Tales inside the history of Salamanca Welcome to the walk of this morning. In this walk you will hear some TALES. What is the meaning of tale? Another word for tale is story or narrative and if you look it up in a dictionary it says: a narrative that relates the details of some real or imaginary event, incident, or case; story. Salamanca is a city full of tales. Stories that happened, but perhaps after years the tale is told in a different way or some facts have changed. Hopefully, after this walk you will all feel that you know a little bit more about some interesting places in this city. Now, about the activities that take place during this walk: First of all, I am handing out different WORDS all grouped in a colour. When we stop to hear at an interesting sight during our walk, I will tell you the colour of the tale. -
Natural Law and World Order in Stoicism*
NATURAL LAW AND WORLD ORDER * IN STOICISM MARCELO D. BOERI 1. Introduction: the Stoic Natural Law and its antecedents The thesis that there is a universal law working as a sort of supreme standard for morality has long been part of a strategy to ground the claim of objectivity. If it were possible to prove that there is a universal law including in itself the wholeness of the partial or positive laws, such a universal law being an ‘objective expression’ of what is correct without qualification, the particular laws would be correct always and in any event if and only if they were instantiations of such a universal law. Some contemporary theorists, however, argue that there is a strong contrast between ‘natural law’ (which in Ancient sources is said to be ‘the law of nature’ or even a ‘divine law’) and ‘human law’ (or ‘civic law’), and that natural law considered as a moral theory (the idea enjoying the longer pedigree) has nothing to do with legal theory, which is focused on legal positivism, a view claiming that no necessary connection exists between law and morality. 1 By contrast, the ancient proponents of the natural law (specifically the Stoic philosophers) tend to remove the gap pointed out by the current theorists between natural law, on the one hand, and * This essay is the expanded version of a conference presented at the colloquium ‘Naturaleza, razón y normatividad en la filosofía antigua’ (held at the Universidad de Navarra, Pamplona, in June 2011). I am grateful to the organizer of the meeting, Alejan- dro G.