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This volume presents the first full English translation of four key
texts from the dispute between Juan GinĂ©s de SepĂșlveda and
Bartolomé de las Casas regarding the justice of Spain's invasion
of the Americas, culminating in their famous debate in Valladolid
in 1550-51. An impassioned defence of the invasion, SepĂșlveda's
Democrates secundus (composed around 1544) amplified the
controversy within Spain about the justice of its activities in the
Americas. When Las Casas schemed to block publication of
SepĂșlveda's manuscript, SepĂșlveda wrote an Apologia (1550) in its
defence. Tensions were so high that Emperor Charles V called a
temporary halt to undertakings in the Americas and convoked a
meeting of theologians and jurists in Valladolid to address the
matter. Here, SepĂșlveda and Las Casas debated bitterly. Las Casas
subsequently printed a composite record of the Valladolid
deliberations (AquĂ se contiene una disputa o controversia, 1552).
SepĂșlveda retaliated by penning a furious response (Proposiciones
temerarias y de mala doctrina, around 1553-54) and strove to have
Las Casas' text banned by the Inquisition. The debate between
SepĂșlveda and Las Casas was a pivotal moment in the history of
international legal thought. They argued over fundamental matters
of empire and colonial rule; natural law and cultural difference;
the jurisdiction of the Church, responsibilities of Christian
rulers, and rights of infidel peoples; the just reasons for war and
grounds for resistance; and the right to punish idolatry, protect
innocents from tyranny, and subjugate unbelievers for the purpose
of spreading the Christian faith. With a detailed scholarly
introduction that elucidates the complex story of these four
controversial texts and reflects on the impacts of SepĂșlveda's
ideas, which continue to be felt in the theories and practices of
war today, this book is a must-read for all those interested in the
fields of history, political science, international relations, and
colonial studies.
Was the Roman Empire just? Did Rome acquire her territories through
just wars, and did Rome's rule exert a civilizing effect,
ultimately beneficial for its subjects? Or was Roman imperialism a
massive injustice - the bellicose conquest and absorption of
countless peoples and large swaths of territory under false
pretences, driven by greed and a lust for domination and glory? In
The Wars of the Romans (1599), the important Italian jurist and
Regius Professor of Civil Law at Oxford University Alberico Gentili
(1552-1608) argues both sides of the debate. In the first book he
lays out the case against the justice of the Roman Empire, and in
the second book the case for.
Gentili's polemic and highly engaging work helped pioneer the use
of Roman law and just war theory in what became a leading
international law approach to the enduring questions of the justice
of empire. Writing in the wake of the first wave of European
colonial expansion in the Americas, and relying on models of the
controversy about Roman imperialism from Cicero to Lactantius and
Augustine, Gentili developed the arguments which were to become
pivotal in normative debates concerning imperialism. In this work
Gentili, a consummate Roman law scholar, frames the moral and
practical issues in a combination of Roman legal terminology and
the language of natural law, a combination which was to prove
highly influential in the literature from Grotius onward on natural
law, the law of nations and what eventually became international
law.
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