The School of Salamanca in the Affairs of the Indies

Cover
Half Title
Title Page
Copyright Page
Contents
Preface
A note on the text
1.
Early modern understandings of political order and the School of Salamanca
	Salamancans’ responses to problems of their age
	Three generations of Salamancans and related thinkers
	Revivals of the School of Salamanca
	Commonwealth as an actor of the European order
	From the Reconquest to the Spanish monarchy
	Commonwealth as an actor in relations with non-European worlds
	The emergence of the affairs of the Indies
	Three basic issues of the affairs of the Indies
2. Reason and prudence: The nature of the Indians
	2.1.
Discourse on the “barbarous” Indians
		The Indians and the concept of “barbarians”
		Differences between the Indians, other non-Christians, and impoverished Christians
	2.2. Hierarchical teleology and the theory of natural slavery
		Servus: Slave or serf?
		Succession of Aristotelianism-Thomism: From Major to 
Gregorio and Mesa
		Law of command and obedience: Sepúlveda
		Criteria for natural slave
	2.3.
Absence of education and the theory of the inferior
		Early criticisms of the theory of natural slavery: Montesinos, Palacios Rubios, and Paz
		Human beings as the image of God: Vitoria
		Development of the School of Salamanca: From the early (Soto, Cano, and others) to the later (Molina, Suárez, and others)
		Early modern dichotomy between civilization and barbarism
	2.4.
Acceptance of diversity and the theory of humankind
		Classification of barbarians: Zorita and Peña vs. Acosta and Botero
		Las Casas’s redefinition of the concept of barbarians: Difference and inferiority
		Refutation of the theory of natural slavery
		Refutation of the theory of the inferior
3. Power, commonwealth, and the law of nations:
The legitimacy of the Spanish dominion over the Indies
	3.1.
Vitoria’s criticism of conventional justifications
		Civil power, commonwealth power, and government power: The naturalness of power
		Dominion, use, and usufruct
		Criticism of conventional justifications of the conquest and Salamancans’ understandings of power
		Commonwealth: Subsistence and morality
		The relationship between commonwealth and church
		Natural law and the law of nations in totus orbis: The range of the application of laws
		Criticism of conventional justifications of the conquest and Salamancans’ understandings of the subject of power
	3.2.
New titles presented by the School of Salamanca
		Rights and obligations under the law of nations
		Natural inferiority
		Evaluation of the new titles
	3.3.
Las Casas’s denial of the Spanish legitimacy
		Criticism of conventional justifications
		Criticism of Salamancan titles
		Potential dominion
4.
Conditions of just war: The conquest of the Indies
	4.1.
Ius ad bellum and ius in bello
		Appropriateness of the use of force by Christians
		Origin and development of just war theory
		Conditions for just war: Authority, causes, and the way
		Criticism of just war theory
	4.2.
The legitimacy of the beginning of war
		Authority of prince: Interpreting the requerimiento
		Four causes: Sepúlveda
		Seven causes based on the law of nations: The School of Salamanca
		Denial of just causes: Las Casas
	4.3.
The justice of war’s conduct
		Illegal military action as “minor evil”: Sepúlveda
		Condemnation of inhumanity of the conquerors: The School of Salamanca
		Claim for compensation and restitution: Las Casas
5. Significance and problems of the Salamancan understandings of political order
	Moral restrictions against “interior barbarism”
	Common political order with “exterior barbarism”
	Salamancan theories after the affairs of the Indies
Appendix 1:
Salamancans and related thinkers
Appendix 2:
Life and publication history of key figures
Index