POLB 71 Midterm Notes.docx

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Political Science
Margaret Kohn

POLB 71 Encomienda the system of granting Indians to Spanish settlers for forced laborRequerimiento Declaration informing the Indians that they had to accept the authority of the Pope or the Spanish would wage war against themThomism The philosophy of St Thomas Aquinas which synthesized Christian doctrine and the teachings of AristotlePositive law The conventions of a specific societyDivine law The principles of conduct that are revealed through scripture or faith Natural law The principles of conduct that are accessible to all men based on reason Victoria Dominican monkProfessor of theology in SpainProponent of Thomism the natural law theories of Thomas AquinasPolitical consultant asked by the Holy Roman Emperor Charles V about the treatment of the indigenous inhabitants of the Indies The Debate over the Conquest of the AmericasConquistadores Domination is necessary to Christianize the natives CriticsConversion must be voluntaryForced labor does not teach the natives to love the Christian religionMoreover conquest is a violation of both Christianity and natural law On The Indians Lately DiscoveredPart of a series of university lectures on theologyIndians have natural rightsThe pope could not give the Americas to Spain since he did not have any right to dominion Conquest might be justified if the Indians violate the universally binding Law of NationsStructure of the essaySection One Nonbelievers including Indians have natural rightsSection Two Critique of the doctrine of Papal sovereigntySection Three On the lawful titles whereby the aborigines of America could have come into the power of Spain Section 1 Nonbelievers including Indians have natural rightsIndians are not slaves by natureUnbelief does not destroy either natural law or human law but ownership and dominion are based either on natural law or on human law therefore they are not destroyed by want of faithHence it is manifest that it is not justifiable to take anything that they possess from either Saracens or Jews or other unbelievers as such that is because they are unbelievers but the fact would be theft or robbery no less than if it were done to Christians Section 2 Rejection of Papal Title7 A refusal by these aborigines to recognize any dominion of the Pope is no reason for making war on them and for seizing their goodsThis refers to the Requerimiento 1513Victoria recognizes the absurdity and coercive character of this requirement and concludes 11 If the faith were simply announced and proposed to them and they will not straightway receive it this is no ground for the Spaniards to make war on them or to proceed against them under the law of war
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