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Chapter 9 - Justice After Victory

from Part II - War

Published online by Cambridge University Press:  09 February 2019

Daniel Schwartz
Affiliation:
Hebrew University of Jerusalem
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Summary

This chapter surveys the late scholastics' views on post-war justice (or ius post-bellum) – in particular, on the right of a just victor to punish the defeated side by killing, enslaving, and plundering. According to the leading late scholastic authors, in order to be liable to punishment as regards your property and liberty it suffices to be a member of the justly defeated state. Your punitive liability to lose your life requires, however, your actually having culpably participated in the war. After considering various views on whether future security from attack justifies killing enemy innocents, I turn to the question of enslavement of enemy innocents as discussed in the context of the suppression of the Alpujarras War of 1571, a revolt by Spanish subjects of Moslem descent ( the 'Moriscos'). While most authors approved of the enslavement of Morisco women and children, there were a few – so far ignored – critical voices. I focus on those of Pedro de Lorca and Pedro Hurtado de Mendoza. The latter carefully refuted the various arguments offered in defence of Morisco slavery, possibly reflecting a general change of mind among ruling elites about the political wisdom of the expulsion of the Moriscos in 1609.
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Chapter
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The Political Morality of the Late Scholastics
Civic Life, War and Conscience
, pp. 183 - 207
Publisher: Cambridge University Press
Print publication year: 2019

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  • Justice After Victory
  • Daniel Schwartz, Hebrew University of Jerusalem
  • Book: The Political Morality of the Late Scholastics
  • Online publication: 09 February 2019
  • Chapter DOI: https://doi.org/10.1017/9781108591522.010
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  • Justice After Victory
  • Daniel Schwartz, Hebrew University of Jerusalem
  • Book: The Political Morality of the Late Scholastics
  • Online publication: 09 February 2019
  • Chapter DOI: https://doi.org/10.1017/9781108591522.010
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Justice After Victory
  • Daniel Schwartz, Hebrew University of Jerusalem
  • Book: The Political Morality of the Late Scholastics
  • Online publication: 09 February 2019
  • Chapter DOI: https://doi.org/10.1017/9781108591522.010
Available formats
×