This work, in English "Struggle for power, organic crisis and judicial independence", has its origin in research academics of the IAEN carried out to provide expert advise to the Inter American Court of Human Rights in the case Quintana and others (Supreme Court of Justice) vs the State of Ecuador. The research is about the nature of the evolution of the ecuadorian state, the dynamics of its institutions, its players, parties, laws, its factors of instability, the way rights have been (...) deployed since the return to democracy in 1979, those who have benefited from neoliberal democracy and those who have paid the costs, and where in all this was the Supreme Court of Justice. The Introduction takes a look at this origin of the work and its intellectual import, provides a brief characterization of the Inter American Sistem of Human Rights Protection, how the Quintana Case fits within it, and an overview of the chapters and their logic. The first chapter analyzes the institutional and sociological factors that have contributed to Ecuador's historically unstable state, based primarily in an antagonistic struggle for power between the Executive and Legislative branches. The second chapter analyzes the economic and political factors that provoked an organic crisis, or crisis of hegemony, between 1997 and 2007 in Ecuador. The third chapter analyzes the evolution of the way in which judges are selected in Europe, the outcomes they have generated, and how they compare with the ecuadorian systems of judge selection in terms of securing judicial independence. The fourth chapter develops a theory of judicial independence in democracy and analyzes how Ecuador measures up to that standard, from when it became a neoliberal minimal democracy in 1981, to when it became a neoliberal false democracy as a consequence of instalation of a system evidently lacking in the people's support under the guise of the 1998 Constitution and its system of judge selection, and the new democratic horizons set by the 2008 Constitution, and the judicial system that springs from it. (shrink)

The sixteenth century witnessed a major intellectual event: the birth of modernity. This book presents the School of Salamanca as the "first version of modernity", a modernity developed with a peculiarly Hispanic stamp. The Salamancans confronted the problems of a singular historical moment, in which Spain was playing a leading role in the encounter between Europe and America. The thinkers of Salamanca tackled crucial issues such as the right to property, economic ethics, freedom and slavery, the justice of (...) war... In the matrix of the Salamanca university, international law and the elements of reflection that would provide arguments for the abolition of slavery were born. This book brings together scholars from different geographical areas: several authors from Latin America, as well as from different European countries, sign their contributions. These diverse origins reflect the rich universality of the Hispanic project that had its heart in the reflections of the School of Salamanca. The diversity of topics addressed, ranging from the more practical questions of trade and the freedom of the American Indians to the subtleties of metaphysics or theology, is a good example of the richness of the issues addressed by those intellectuals who initiated modernity. (shrink)

A book with all the abstracts of the talks held in the conference "La Escuela de Salamanca y su proyección iberoamericana": University San Dámaso (Madrid), 13th-15th October 2021.

The figure of Francisco de Vitoria, founder of the so-called School of Salamanca and one of the most important professors of the University of Salamanca in the 16th century, has been considered on different occasions as an admirable model of a university professor. On one side, this article describes the scientific commitment of the School of Salamanca as a sign of an important dimension of university life: research. On the other side, the main features of Vitoria as (...) a teacher will be exposed. His teaching abilities will be taken into account, but also his capacity to involve other colleagues in a joint search for truth will be described. Finally, the renewing character of Vitoria’s Thomism in the framework of philosophy as a great ally of scientific dialogue will be considered. (shrink)

This article exposes the concept of "second" Salamanca's School, i.e. the followers of Vitoria in a second generation that teach in Salamanca during the last years of the sixteenth century and the first years of the seventeenth. The author shows that there is an important continuity among the first and the second School and revisits the aspects which have been seen as negative for the School: the developing of metaphysics and the De Auxiliis controversy. The metaphysics as such (...) cannot be considered as a negative aspect and the De Auxiliis controversy has also some positive aspects, although it supposed a fatal tendency which determined the end of the School. (shrink)

In 1601 certain Jesuits in Alcalá de Henares defended the following thesis: «It is not by faith that we confess that this man, for example, Clement VIII, is Pope.» During 1602 this fact became known in Rome and the Pope urged that the Spanish Inquisition imprison these Jesuits. To defend themselves, they alleged that the thesis was not unusual among scholars, indicating the names of several authors who defended it, among them, the eminent professor emeritus of Salamanca Domingo Báñez. (...) However, he convened an academic act in Valladolid on July 2, 1602 to show that his position was not such. Shortly thereafter, the Jesuits held another event in the same town to challenge the thesis of their coreligionists, underscoring their opposition even more than Báñez. New, partly unknown material on the subject is copied in these pages: the letters from the nuncio to the head of the Vatican State, with annotations written by the Pope, and a letter from the King of Spain to his ambassador; the complete text of the theses defended by Báñez and by the Jesuits in July 1602, as well as two unpublished letters from Báñez on the occasion of his act, one to the master general of his Order and the other to the Pope. (shrink)

In the years that saw the transition from the sixteenth to the seventeenth century, a controversy arose in Spain over the problem of the harmony between created freedom and divine omnipotence. This dispute arose in Salamanca, but it would have important consequences for the conception of man in Europe from then on. In my proposal, I pay attention to Domingo Báñez, an important member of the School of Salamanca, which point of view has been somewhat blurred due to (...) the heat of the polemic. In particular, I would like to emphasise his way of pointing to human dignity as the basis of the relationship between divine and human freedom. Such dignity does not lie in a misunderstood autonomy but in its dependence on God. Thus, according to Báñez, human freedom is an image of divine freedom, so that its dignity is not so much reflected in its independence from the power of God—which only occurs, to a certain extent, in sin—but in the concord between the two freedoms. (shrink)

Divine grace is the hand of Christ that sustains the Christian in his acts: such is the mystery explored at the end of the 16th century in the profound studies carried out by various Catholic theologians in a debate in Spain known as the “Controversy on divine aids” (de auxiliis). Its problematic covers both the drama of the loving agreement between divine initiative and human response, as well as the subtle questions of causal determinism or freedom of the will. In (...) this book, the participation of one of the main Dominicans involved in this dispute, Pedro de Ledesma, one of the last members of the School of Salamanca, is studied for the first time. For this purpose, his manuscript work is reviewed, contrasting it with the teachings of other Dominicans of the time. This also makes it possible to show that among the theologians of the Order of Preachers, despite their profound coincidences, there were also different approaches to providence, predestination and divine grace. Thus, this book provides a specific introduction to Ledesma, whose understanding of physical premotion is quite original, but it also provides a broad overview of the early years of the controversy on grace in the Iberian Peninsula. (shrink)

In 1601 certain Jesuits in Alcalá de Henares defended the following thesis: "It is not by faith that we confess that this man, for example, Clement VIII, is Pope." During 1602 this fact became known in Rome and the Pope urged that the Spanish Inquisition imprison these Jesuits. To defend themselves, they alleged that the thesis was not unusual among scholars, indicating the names of several authors who defended it, among them, the eminent professor emeritus of Salamanca Domingo Báñez. (...) However, he convened an academic act in Valladolid on July 2, 1602 to show that his position was not such. Shortly thereafter, the Jesuits held another event in the same town to challenge the thesis of their coreligionists, underscoring their opposition even more than Báñez. New, partly unknown material on the subject is copied in these pages: the letters from the nuncio to the head of the Vatican State, with annotations written by the Pope, and a letter from the King of Spain to his ambassador; the complete text of the theses defended by Báñez and by the Jesuits in July 1602, as well as two unpublished letters from Báñez on the occasion of his act, one to the master general of his Order and the other to the Pope. (shrink)

Pedro de Ledesma is one of the Dominican theologians of the School of Salamanca involved in the De Auxiliis controversy, i.e., the disputes around a famous book by Luis de Molina on the relation between divine foreknowledge and providence and our free will. Studying an unpublished manuscript by Ledesma and his 1611 book on this subject, the article shows that he opposed Molina with a Thomistic position that we call deflationary. According to this interpretation, God, in moving the created (...) will to do good actions, does not bring about an entity distinct from volition itself. Contrary to other Thomists, he does not think that the immediate effect of the divine motion of the will is an intermediary entity used by God to produce, with the will, the created free act. Ledesma defends his thesis by using some elements of Aristotelian-Thomistic metaphysics, in particular, a minimalist interpretation of the relation between action and passion already present in Domingo de Soto and the specific causality of immanent acts. (shrink)

deploys the two key Chinese translations of “right” to draw out the history of this philosophical-political-legal concept—how it changed meaning during the Spanish conquest when the School of Salamanca reformulated just war theory.

[Encyclopedia entry] Born in Italy in 1225, and despite a relatively short career that ended around 50 years later in 1274, Thomas Aquinas went on to become one of the most influential medieval thinkers on political and legal questions. Aquinas was educated at both Cologne and Paris, later taking up (after some controversy) a chair as regent master in theology at the University of Paris, where he taught during two separate periods (1256-1259, 1269-1272). In the intermediate period he helped establish (...) a studium for his Order in Rome, beginning work on the Summa Theologiae, the masterwork for which he is still well-known. Subsequent to an experience (traditionally, a vision) Aquinas had on the feast of St. Nicholas in 1273, Aquinas intentionally refrained from further work on that text, so that it remained incomplete at the time of his death a year later in 1274. Apart from his own contributions, the Thomistic school – including followers within and without the Dominican Order to which Aquinas belonged – has had profound and far-reaching influence upon the history of legal thought in the West. Many of the classical developments of Thomistic thought are written as commentaries on the Summa Theologiae (hereafter, ST), including the works of Tomasso de Vio (Cajetan) and those of Domingo Banez, Francisco de Vitoria, Bartholome de las Casas, and the other highly influential members of the School of Salamanca who are noteworthy for developing Aquinas’ political and legal thought in the 16th century. Specifically, the ways in which Aquinas synthesized classical political and legal themes around the law, morality, and the common good provided a touchstone for what has come to be called ‘natural law jurisprudence.’ Natural law thinkers, in short, appeal to objective facts about what is good for human beings, and the social or political nature of the kind of creatures that we are, as a standard against which we measure the legal and social institutions created by human institutions. What is crucial here is that facts about human beings as social animals constitute reasons for individuals and groups to act or be structured in certain ways, such that ‘nature’ is the proper source for jurisprudential and political principles. (shrink)

The Dominican Pedro de Ledesma was educated at the University of Salamanca, where he became a professor. He is considered one of the last members of the famous School of Salamanca. This work studies his contribution to economic thought as regards tax doctrine. In Ledesma’s thought almost a century of moral reflections developed by the Salamanca professors (such as Vitoria, Azpilcueta, Soto…) crystallises, who were echoed by other Spanish authors. Ledesma recapitulates this reflection by providing his personal (...) point of view on the subject in a historical period in which the Spanish influence had reached global dimensions. (shrink)

The subject matter of this article is a pamphlet printed in 1597 by the Corregidor of Burgos, Diego de Vargas Manrique. The document intends to persuade the aldermen of Burgos to grant the controversial servicio de millones. For this purpose, the Corregidor prints, together with his speeches, the opinions of various theologians. An opinion written by Domingo Báñez supporting the servicio de millones with certain reasons stands out for its length. After some historical context and the description of the document, (...) the article presents the point of view on fiscal matters of this important member of the School of Salamanca. (shrink)

En este capítulo de libro se realiza una aproximación al contrato en el derecho colombiano, a través de una guía de estudio que abarca su conceptualización doctrinal. Ello con el fin de motivar el interés para los estudiosos y estudiantes del derecho comparado iberoamericano, quienes son los destinatarios finales del libro que tiene por título Reflexiones sobre Derecho Privado Patrimonial (Universidad de Salamanca, 2015).

This paper was read at the University of Virginia at the XXXVIII ALDEEU conference of June 2018. -/- The phrase ‘Life, Liberty, and the pursuit of Happiness’ was Thomas Jefferson’s rewriting of Locke’s dictum, ‘Life, Liberty, and the pursuit of Property.’ Locke’s political philosophy speaks of a coming liberal age, engendering the Declaration of Independence. Anglo-Saxon historiography seemed to assure that Locke’s ideas were the autochthonous result of a historical process centered on the Reformation, Cromwellian parliamentary supremacy, and English commercial (...) practices. Some continental philosophers look instead to the theologians of the School of Salamanca for the European origins of liberty. In this paper I will examine the recent scholarship about the impressive contribution of this School which led Jefferson to ground the Declaration of Independence in scholastic thought. These scholastics provided the philosophical, legal, and economic framework for modern Europe, as it transitioned from its medieval concepts of social organization to the more liberal and individualistic one now. They were influential for a simple reason. The scholastic program used reason to develop its concepts of free will, popular sovereignty, and property rights – which well correspond to Locke’s phrase – and placed them in a congruent philosophical system derived from first principles using natural law. It was this coherent, logical framework that appealed most to the later thinkers Jefferson relied on when searching for a sound philosophical basis for the Declaration. The Hispanic neo-scholastics applied natural law to prior Conciliarist parliamentary ideas to establish a new relationship between the individual, the community, and the state. This framework emphasized a greater separation of church and state, popular sovereignty, deposition of kings, and checks on monarchical power. Others, including Protestants and Enlightenment thinkers, were later drawn to this system due to its sound basing in an essentialist, classical, natural law drawn from first principles. It was this foundational coherence which attracted others, including Jefferson, who tended to mistrust the basis of the resistance theorists that also relied on historicism or scripture, such as George Buchanan, the authors of Vindiciae Contra Tyrannos, or Locke himself. -/- . (shrink)

Reseña de Lorenzo Peña, Hallazgos filosóficos, Universidad Pontificia de Salamanca, Salamanca, 1992, 363 pp.

On several occasions, Báñez considered Suárez the main supporter of the Molinist doctrine along with Molina himself. According to Báñez, the main mistake of Molinism is its misunderstanding of freedom. This led him to refine his personal Thomistic theory of freedom. Free will is radically in the intellect and formally in the will. Intellect is the root of freedom because the most important indifference is found in the object, whose connection with the end is understood as not necessary. The intellect (...) aware of this indifference causes a formally free volition that is not incompatible with the effective divine motion. (shrink)

This article transcribes three unpublished manuscripts by Domingo Báñez. The first is a review on the opuscule by Chrysostom Javelli on predestination. Báñez believes that this writing is Pelagian and advances several arguments which he will later use against Luis de Molina and the Molinists. The second is the last preserved writing by Báñez: a letter to the Master General of the Dominicans where he mentions his hope of seeing an end to the dispute on grace and free will. The (...) third is the account of Báñez’s death including his last words, in which he mentions the famous controversy de auxiliis. (shrink)

The article explores the modern distrust of God as a threat to human freedom. The teachings on the relationship between freedom and grace sustained by the Spanish theologian Luis de Molina have some features that could be related to this distrust. Divine providence is preserved in his system by a somewhat deterministic conception of the human psyche. Thus, freedom is not completely safeguarded but a certain suspicion about Divine power is introduced nevertheless. As an answer to these difficulties, the author (...) proposes an alternative Thomist consideration to contemplate the relationship between God and man in a harmonious way. (shrink)

This book lists the manuscripts related to the 'De Auxiliis' Controversy that are preserved in Rome. This dispute is one of the episodes in Spanish intellectual history with the greatest international resonance, if we take into account the commotion caused in Rome and the secular repercussions it will have within the Catholic and even Protestant sphere. This theological controversy also involves highly topical concepts that attract the interest of contemporary philosophers. This book contains a complete list of the manuscripts preserved (...) in Rome, trying to relate them to each other and to point out which are the most reliable and valuable sources. This involves the description of a considerable number of manuscripts that had not been described in any catalogue until now, and the identification of some unknown works. In addition, several unpublished letters by Domingo Báñez and Luis de Molina are transcribed here. (shrink)

A short introduction to the controversy for Conimbricenses Encyclopedia.

Against an interpretation of Saint Thomas Aquinas’s thought that understands the divine motion of the created will only providing a generic impulse to it, in this article is defended that God moves specifically for every good choice. This motion doesn’t prevent at all the contingency of creatures and neither freedom of choice. Is also shown how Báñez’s thought is quite faithful to Saint Thomas in this and doesn’t intend anything else but simply to make it known and defend it from (...) molinists misinterpretations. That’s why is shown that the divine motion of the will doesnt's make God responsible for sin, especially since that would only be possible if divine causality were not the action of the eternal God, who is outside the created causality. (shrink)

Throughout the history of Thomism, interpretations of the ontology of God’s physical premotion of human free will have been divided mainly into two main groups. Most authors have thought that physical premotion constitutes a certain “entity” infused by God in the creature, although not all of them accept the account of Cabrera, who affirmed that premotion was a “quality”. On the other hand, there are some authors who understand premotion as a direct intervention of God in the vital act of (...) the creature which does not originates any entity prior to the created deliberate action itself. Báñez himself never spoke of any such entity, although some of his disciples soon adopted this view. One of his disciples, Pedro de Ledesma, is the author who best developed this minimalist approach in his treatise published on the occasion of the Controversy De auxiliis. This paper studies the main reasons used by Ledesma in his book to defend such an interpretation. (shrink)

Diego de Deza has been designed by Christian Pesch as a premolinist while Friedrich Stegmüller has stressed the alleged disagreement between his version of Thomism and the one professed by later Spanish theologians. This paper aims to revisit this interpretation of Deza’s doctrine of divine foreknowledge by showing its fundamental agreement with Domingo Báñez, especially in placing the divine free will as an ingredient of divine knowledge of created things. Moreover, Deza’s teaching about divine grace brings him quite close to (...) a Bañezian idea of premotion insofar as he supposes a special divine aid for every morally good act. (shrink)

In this article I present the most important works by Domingo Báñez on the so-called De auxiliis controversy, on divine predestination, divine will and divine grace, and human freedom. It is a polemic against Luis de Molina and Francisco Suárez, mainly. I review the works published by Báñez and his unpublished manuscripts, providing new historical data on them.

The “theses of Alcalá” were two controversial statements defended by certain Jesuits at the University of Alcalá de Henares in 1601. One of them was perceived by the Pope as particularly offensive: “It does not belong to Faith that this concrete man, for example, Clement VIII, is the Roman Pontiff”. When Pope Clement learned of this theological act, the Spanish Inquisition intervened, since it attempted to prevent the Supreme Pontiff from reserving the cause for himself. In this article, we delve (...) into these events thanks to several hitherto unpublished manuscripts. Among these documents we highlight several by F. Peña, a Spaniard who interpreted this statement as a subterfuge by the Society of Jesus to avoid the supposedly imminent condemnation of Luis de Molina, a Jesuit whose book on divine predestination and human freedom was being examined in Rome at the time. The documents transcribed here provide us with new details, such as the precise text of the conclusions defended in Alcalá. In addition, it is noteworthy that Peña was the first to understand correctly the position of the Dominican Domingo Báñez, because according to him it does belong to faith that Clement VIII is Pope, even though not in a primary way. (shrink)

Francisco Suarez was a Spanish Jesuit scholastic who wrote extensively on theology, metaphysics, law, and politics at the turn of the 17th century. Highly regarded, he has remained influential until the present. This paper will focus on his theories of popular sovereignty and resistance that were so implicitly influential during the early modern period and into the Enlightenment. The clear evolution from the political thinking of Plato through the Aristotelian-Thomistic school is shown to evolve into Suarez’s as a result of (...) two factors: the universalization of natural law, and the greater emphasis placed on the individual as an independent subject. These two factors combined to subrogate the concession of authority to the people, now considered sovereign as a political body. This understanding enabled to Suarez develop a coherent resistance theory, showing in an objective non-sectarian way that political stability and legitimacy could be maintained if the deposition of a tyrannical monarch proved necessary. (shrink)

El objetivo de este artículo es identificar las consideraciones de quienes deben guiar la sanción o reforma de la ley penal. Este objetivo cobra relevancia si consideramos que las diferentes respuestas pueden impactar en las tasas de cumplimiento del derecho penal y en los niveles de coacción estatal arbitraria. Para ello, se analizarán algunas propuestas teóricas que se ubican en una cuyos extremos están ocupados, respectivamente, por el populismo y el elitismo penal. Estos argumentos son reconstruidos en el debate sobre (...) la reforma del Código Penal Argentino. En este debate, la disminución de la interferencia proveniente del delito y la disminución de la interferencia estatal arbitraria se presentan como objetivos incompatibles. En parte, ello se debe a que las propuestas teóricas que alimentan los argumentos del debate presentan algunas limitaciones para satisfacer ambas demandas. El republicanismo, a través de la defensa de una democracia deliberativa fuerte, tiene capacidad para satisfacer ambas demandas, aparentemente antagónicas. Sin embargo, esa capacidad se ve disminuida en sociedades desiguales. Por ello defenderé que una reforma guiada por aquella propuesta republicana tiene una capacidad que se limita a disminuir la interferencia estatal y mantener iguales los índices de delito. (shrink)