HoP 454 - By Appointment Only - Political Philosophy in the Second Scholastic
Oct 13, 2024
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Explore the intriguing thoughts of Iberian scholastics like Suárez on the foundations of political power and its legitimate exercise. Discover how concepts of ownership and social contracts evolved from family structures to broader political communities. Delve into the religious dynamics of the 16th century, examining the debates on governance between Protestant and Catholic ideologies. Learn how these philosophical discussions paved the way for future human rights discourse, linking personal relationships to larger societal frameworks.
Iberian scholastics linked the concept of dominium to rights, emphasizing lawful authority over possessions and personal actions.
Political authority is seen as a human construct emerging from consent, contrasting with views that prioritize chaos as the basis for governance.
Deep dives
Concept of Dominium in Law and Property
The Iberian scholastics established the concept of dominium to describe lawful control over possessions, which includes a natural dominion over one's own actions, as argued by Molina. This idea is closely tied to rights, where a right represents a capacity to do or obtain something that falls under a person's control. For instance, the tale of Goldilocks serves as an illustration of infringing on the rights of others when one unlawfully enters someone else's property. In this framework, rights and ownership are not just about possession but about the lawful authority to utilize one’s belongings.
Political Authority and Consent
Political authority is portrayed as an artificial construct, emerging from human decisions to form governments in pursuit of the common good. Unlike Thomas Hobbes' view of political life as a remedy to chaos, the scholastics believed that humans have a natural inclination to create communities that thrive through governance. The legitimacy of a government depends on the consent of the governed rather than the form of the government itself, whether it be a monarchy or a democracy. This consensual foundation emphasizes the rational choice of individuals to submit to an authority that promotes societal welfare.
The Social Contract Concept
The notion of a social contract surfaces in the discussions of how individuals collectively form a political body with authority. Scholars like Francisco Suárez argue that individuals initially possess authority over themselves, which they can then voluntarily cede to a ruler or government. This creates a political commonwealth capable of exercising governance, suggesting that political authority is inherently democratic at its origin. However, the idea remains contentious as various interpretations debate how such authority is established and sustained, particularly the role of divine influence in human governance.