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2 - The Political Theology of Ius gentium

The Expansion of Spain 1526–1559

from Part I - Towards the Rule of Law

Published online by Cambridge University Press:  05 August 2021

Martti Koskenniemi
Affiliation:
University of Helsinki
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Summary

In the utterly religious world of 16th-century Europe, the most important legal authority was power over consciences. At a time of confessional crisis, imperial theologians from Salamanca lent their assistance to the Counter-Reformation by employing the amalgam of a moral theology concentrating on individual confession and Roman legal principles they found in the works of Thomas Aquinas. These would offer the means to instruct Christians on what attitude to adopt towards the treatment of the indigenous population of the New World and what to think of the incessant wars between Christian princes and the expansion of a commercial ethic that was hard to fit with old moral theology.

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To the Uttermost Parts of the Earth
Legal Imagination and International Power 1300–1870
, pp. 117 - 211
Publisher: Cambridge University Press
Print publication year: 2021

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