Cover

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Title Page, Copyright Page, Dedication

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Contents

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pp. vii-viii

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Preface

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pp. ix-xii

As I finish this book dealing with the way in which one important seventeenth-century Spanish lawyer and imperial official justified the Spanish conquest of the Americas, the United States and the nations of western Europe find themselves asking questions about their role in the world that echo the questions that dominated Spanish intellectual life several centuries ago. ...

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Introduction

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pp. 1-14

The Spanish discovery and conquest of the Americas had a number of historic consequences.1 To critics of the conquest of the Americas, the line of adventurers, beginning with Christopher Columbus, who sailed to the West brought with them only death and destruction for the indigenous peoples of the New World. ...

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1. The Law of Christian-Infidel Relations: The Spanish Title to the New World

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pp. 15-37

Juan de Solórzano Pereira's De Indiarum Jure was, above all, a legal treatise that dealt with the right of the Castilians to conquer and to retain possession of the Americas. It was, in other words, the application of traditional thinking about the nature of the just war to the situation in which the Castilians found themselves following the discovery of the Americas.1 ...

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2. To Civilize the Barbarian—The Anthropology and the History

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pp. 38-65

Juan de Solórzano Pereira and his fellow Spaniards were not the only early-seventeenth-century public officials concerned with legitimizing the possession of land in the New World. At precisely the same time as Solórzano was serving in the Audieneia at Lima, the government of James I of England was arguing that the English had the right to settle in New England because this region was virtually uninhabited. ...

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3. The Mechanics of Political Evolution

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pp. 66-77

Once Solórzano had demonstrated that the Spanish could not legitimately deprive the inhabitants of the New World of their dominium on the grounds that they were fierce and savage, he turned to a related issue: the possibility that the Indians should come under Spanish control at least temporarily because the Spanish were wiser and more prudent than the Indians themselves. ...

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4. The Mechanics of Political Evolution—The Natural Law

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pp. 78-95

The concept of natural law applicable to and binding on all people was a staple of medieval legal and philosophical thought.1 Roman law contained such a definition, making natural law (ius naturale) one of the three fundamental divisions of all law. The other divisions were the law of nations (ius gentium) and the civil law (ius civile). ...

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5. A Legitimate Claim to the Indies—The Theory of Papal Power

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pp. 96-109

Having demonstrated that claims to possession of the New World based on the mental or moral incapacity of the Indians were invalid because the Indians were fully human and rational, Juan de Solórzano Pereira moved on to discuss the one just basis upon which the Spanish claim to the New World could rest. ...

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6. A Legitimate Claim to the Indies—Papal Jurisdiction over the Infidels

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pp. 110-126

Once Solórzano had demonstrated that the pope did possess jurisdiction over the temporal affairs of Christians under some circumstances, he then went on to consider the jurisdiction of the pope over those who did not belong to the Church. This was, of course, the crux of the entire De Indiarum Jure. ...

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7. A Legitimate Claim to the Indies—The History of Papal-Royal Relations

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pp. 127-142

If Solórzano had simply restated the traditional theoretical arguments about the nature and extent of papal power, then the De Indiarum Jure would not have marked a significant advance in the debate about the legitimacy of the Spanish conquest of the Americas. ...

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8. Order and Harmony Among Nations

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pp. 143-164

The structure of the De Indiarum Jure led almost inevitably to the theme that characterized the last four chapters of the second book. If God had not directly authorized the Castilian monarchs to undertake the conquest of the Americas, if the inhabitants of the New World possessed dominium in land and governance, ...

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Conclusion

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pp. 165-176

Juan de Solórzano Pereira's De Indiarum Jure stands as a monument to a particular response to the problem of world order that Columbus's voyages created. If it had been the work of a cloistered academic, it might have been of some limited interest, because of the conception of a rightly ordered international society that it contained. ...

Notes

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pp. 177-218

Bibliography

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pp. 219-234

Index

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pp. 235-240