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Savigny Verlagsgesellschaft

Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung

Ed. by Oestmann, Peter / Rückert, Joachim / Haferkamp, Hans-Peter

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Volume 132, Issue 1


V. Salamanca in Amerika

Thomas Duve
Published Online: 2015-07-06 | DOI: https://doi.org/10.7767/zrgga-2015-0108

Salamanca in America. Legal History has been interested in the ‘School of Salamanca’ mainly because of its contributions to systematic and dogmatic legal thought. The School was seen as part of the history of legal scholarship. It was because of this perspective that it was considered to be a European phenomenon. In this article, I am proposing a complementary vision of the School. Drawing on an example of how the problem of usura was dealt with in late 16th century New Spain, I call attention to the practical dimension of the School; I intend to highlight its place in a history of ‘finding the law’ (Rechtsfindung); I want to point out that the School can be seen as a producer of erudite practices, especially considering its particular casuistry, which does not fit easily into the traditional history of continental European law as a history of systematization. Looking at these dimensions, the School of Salamanca seizes to be a European phenomenon, but turns out to be a network which stretches over continents. Thus, ‘Salamanca’ was also a part of Amerika.

Keywords: School of Salamanca; New Spain; erudite practices; casuistry; usury

About the article

Published Online: 2015-07-06

Published in Print: 2015-08-01

Citation Information: Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung, Volume 132, Issue 1, Pages 116–151, ISSN (Online) 2304-4861, ISSN (Print) 0323-4045, DOI: https://doi.org/10.7767/zrgga-2015-0108.

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© 2015 by Böhlau Verlag GmbH & Co.KG.

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