publication . Research . 2014

"Non qua servus est, sed qua homo." Der rechtliche Status von Sklaven bei Luis de Molina

Simmermacher, Danaë;
Open Access German
  • Published: 25 Nov 2014
  • Country: Germany
Luis de Molina (1535-1600) grants slaves a legal status through which they can take up a position with respect to their masters between equivalent legal entity and legal object. Here, what is decisive is the figure of the subjective right, which both for Molina and modern proponents of this legal concept describes the 'right per se'. According to Molina's definition of ius, the denial of a subjective right or the hindrance of exercising an individual right represents an injustice. The rights granted to a slave in virtue of his being regarded a human being (despite the condition of slavery) serve to protect the slave against unjust acts. Molina does not distingui...
free text keywords: ddc:100, ddc:300
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