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Popes, Lawyers, and Infidels - The Church and the Non-Christian World, 125-155 (Hardcover)
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Popes, Lawyers, and Infidels - The Church and the Non-Christian World, 125-155 (Hardcover)
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Criticism of the way in which Europeans have treated the
inhabitants of the non-European world in the course of European
expansion has a long history, Three centuries before Christopher
Columbus encountered the American Indians, European intellectuals
and clergymen had criticized the treatment of the peoples whom the
crusaders and other Europeans met as they moved outward from the
heartland of European civilization. The connection between the
sixteenth-century Spanish writers who criticized the Spanish
conquest of the Americas and medieval writers who criticized the
behavior of Europeans toward the non-Europeans they encountered on
their borders, is more familiar. Yet, their criticism referred back
to medieval legal traditions and arguments about the rights of
infidels in the face of European expansion. However, it is the
increased recognition of the importance of this connection that has
inspired much new research in the field of medieval canon law. The
most important theorist of what we now call "race relations", in
the Middle Ages, was Sinibaldo Fieschi, a distinguished
canon-lawyer, who became Pope Innocent IV (1243-54), whose
pontificate is the starting point of this study. As a working
canon-lawyer and pope, Innocent's work provides an unusual insight
into the whole development of Christian-infidel relations, for his
work covers those who lived within Christian Europe, those who were
recent converts to Christianity, and those who lived beyond the
bounds of Christendom. As pope he initiated the Mongol mission, the
first attempt to deal with the Mongol threat to Eastern Europe on a
diplomatic level, and to convert the Mongols to Christianity. As a
lawyer he was also the author of a commentary on the nature of a
just war that became the basis for all future discussion of the
rights of infidels who lived in the path of European expansion. A
wide knowledge of both legal theory and papal practice blended in a
single career and it was this union of these two traditions that
formed the intellectual background of Vitoria and Las Casas, and
the eminent critics who followed them. This is the first complete
study of this subject, based upon a careful analysis of papal and
legal sources. Papal sources included letters found in papal
registers, including the unpublished Vatican Register 62 which
contains only letters dealing with the problems raised by infidel
societies. The legal sources include commentaries on the basic
texts of canon law that bear on the status of infidels, as well as
legal opinions written to deal with specific problems involving
Christian-infidel relations. Although directed to specialists and
students of this period, this work, original in concept and
exceptionally well-written, is sure to find a far wider audience.
The whole subject is important, and topical too, in view of the
current interest in racism and race relations, itself the subject
of the author's Appendix.
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