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INTERPRETATIONS OF THE CONTROVERSY OVER THE CONQUEST OF AMERICA1: Other authors, such as Villey, on the other hand, claim that the Spanish betrayed the teaching of St Thomas by attributing subjective rights to the American Indians, in fact assuming, despite their intentions, the doctrine of the theologi moderni or juniors who were heirs to the Ockhamist tradition.120 The thesis I'm going to defend is that our notion of the law has the defect of being itself a foreign body, and is the product of the infiltration into law of a Theology, that this infiltration has unfortunately taken place in modern times and that the Spanish scholasticism is largely responsible for this happening121 .

https://www.giuseppetosi.com.br/arquivos/fill/4c2bbebeee02df2b4c9104f93f66f275_interpretations_of_the_controversy_over_the_conquest_of_america.pdf#:~:text=Some%20defend%20the%20thesis%20that%20the%20scholastics,not%20develop%20a%20doctrine%20of%20subjective%20rights

Page 29? Other authors, such as Villey, on the other hand, claim that the Spanish betrayed the teaching of St Thomas by attributing subjective rights to the American Indians, in fact assuming, despite their intentions, the doctrine of the theologi moderni or juniors who were heirs to the Ockhamist tradition.120 The thesis I'm going to defend is that our notion of the law has the defect of being itself a foreign body, and is the product of the infiltration into law of a Theology, that this infiltration has unfortunately taken place in modern times and that the Spanish scholasticism is largely responsible for this happening121 .


121 VILLEY, M. La formation de la pensée juridique moderne. IV ed., Paris 1975 p. 362. See also IDEM. La promotion de la loi et du droit subjectif dans la seconde scolastique. "Quaderni fiorentini per la storia del pensiero giuridico moderno", n° 1 (1973), p. 55 (my translation)


121 VILLEY, M. The Formation of Modern Legal Thought. IV ed., Paris 1975, p. 362. See also IDEM.

The Promotion of Law and Subjective Right in the Second Scholasticism. "Quaderni fiorentini per la storia del pensiero giuridico moderno", no. 1 (1973), p. 55 (my translation)

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