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NOTE 4. The Late Spanish Scholastics

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Chapter 4. The Late Spanish Scholastics

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1. The Commercial Expansion of the Sixteenth Century

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The great secular depression of the fourteenth and first half of the fifteenth century began to give way to economic recovery in the second half of the fifteenth.

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The overland trade from the Mediterranean to Northern Europe, cut off by the French king's depredations against the Fairs of Champagne, was increasingly replaced by sea trade off the Atlantic coast.

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Vessels now went through the Straits of Gibraltar and up the coast, increasingly sailing to Antwerp and making that city the big trading center in Northern Europe during the 16th century.

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Commerce moved away from the restrictions and high taxation of Flemish Bruges and shifted to and expanded in free market Antwerp, whose business and trade could flourish free of hampering legislation, privileges and high taxes.

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In addition, Atlantic ships headed south and west, and the famous explorations and discoveries of the late 15th century changed the face of world history by making European countries world powers, and began to integrate Africa and the new world into the European economy.

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Spain and Portugal, the leading explorers of the new continents, became the dominant nation states and empires of the 16th century.

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Slowly but surely, the Italian city-states, which had been in the forefront of economic advance and the spearhead of Renaissance culture,

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began to be left behind in the advance of economic and political power.

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Along with commercial expansion came inflation, fueled by the immense increase of gold and silver brought to Europe by the Spaniards from the newly found mines of the Western Hemisphere.

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An approximate tripling of the stock of specie in Europe resulted in a century of inflation, with prices tripling during the 16th century.

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The new money flowed first into the main Spanish port of Seville, then into the rest of Spain, and finally into other countries of Europe, and the geography of price rises followed accordingly.

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As Atlantic powers, England and France grew in strength along with the other Atlantic nations of Western Europe.

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They were greatly aided by the end of the destructive Hundred Years War between the two nations in 1453.

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The doctrines of the Absolute State, previously limited largely to theorists and rulers of the Italian city-states,

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now spread to all the nation-states of Europe.

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Absolutism eventually triumphed throughout Europe by the early 17th century.

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The victory was fueled, as we shall see below, by the rise of Protestantism, and, a bit later, of secularism, beginning in the 16th century.

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2. Cardinal Kajetan, Liberal Thomist

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Late scholasticism was the product of the 16th century, the century that ushered in

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the Protestant Reformation and the Catholic Counter-Reformation. If the 13th century was

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well described as the golden age of scholastic philosophy, then the 16th century was its

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Silver Age, the era of a shining renaissance of scholastic thought before the shades of

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night closed in for good.

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As we have seen, the 14th and 15th centuries saw the emergence of nominalism and at least

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the weakening of the idea of a rational, objective natural law, including a natural law ethics,

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discoverable by man's reason.

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The 16th century witnessed a renaissance Thomism spearheaded by one of the greatest churchmen

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of his age, Thomas de Vio, Cardinal Cajetan, 1468-1534.

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Cardinal Cajetan was not only the preeminent Thomist philosopher and theologian of his day,

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He was also an Italian Dominican, who became General of the Dominican Order in 1508.

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A Cardinal of the Church, he was the Pope's favorite upholder of the faith in debates

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with the great founder of Protestantism, Martin Luther.

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In his commentary on Aquinas Summa, Kajetan, of course, endorsed the standard scholastic

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view that the just price is the common market price, reflecting the estimation of the buyers,

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and held that that price will fluctuate upon changing conditions of demand and supply.

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In attempting to purge scholastic economics of any trace of Langensteinian station in

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life theory, however, Kajetan went further to criticize Aquinas for denouncing accumulation

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of Wealth Beyond One's Status as Suffering from the Sin of Avarice.

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On the contrary, declared Cajetan, it is legitimate for highly able persons to move up the social

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ladder in a way that matches their attainments.

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This candid endorsement of upward mobility in a free market was the broadest attempt

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Yet to Rid Scholasticism of All Traces of the Ancient Contempt for Trade and Economic

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Gain.

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In his comprehensive treatise on foreign exchange, De Cambias, 1499, the great Cajetan set forth

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the fullest and most unqualified defense yet penned of the foreign exchange market.

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Sweeping aside the dithering indecisiveness of his fellow-Dominican, Fra Santi Rucelai,

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1437-1497, himself a former exchange banker and the son of a banker, the cardinal was

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firm and hard-hitting.

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Since the role of the merchant has long since been established as legitimate, then so should

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In the course of his defense of the Exchange Banker, who is simply engaging in a kind of commodity transaction. Besides, modern trade could not function without the foreign exchange market, and cities could not exist without trade. Hence, it is needful and right that the exchange market exist. As in other markets, the customary market price is the just price.

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In the course of his defense of the exchange market in Decambias, Cajetan proceeded to

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advance the state of the art in monetary theory.

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He showed trenchantly that money is a commodity, particularly when moving from one city to

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another, and is therefore subject to the demand and supply laws governing the prices of commodities.

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At this point, Cajetan made a great advance in monetary theory, indeed in economic theory

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generally.

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He pointed out that the value of money depends not only on existing demand and supply conditions,

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but also on present expectations of the future state of the market.

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The definition of wars and famines, and of future changes in the supply of money, will affect its current value.

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Thus Cardinal Cajetan, a 16th century prince of the church, can be considered the founder of expectations theory and economics.

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Furthermore, Cajetan distinguished between the two kinds of value of money,

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Its purchasing power in terms of goods, so that gold or silver are equated with goods being bought and sold,

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and the value of one coin or currency in terms of another on the foreign exchange market.

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Here each kind of coin tends to move to that region where its value is highest, and away from wherever its value is lowest.

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On the vexed usury question, though Cajetan was not as radical as his German contemporary

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Zumenhardt in virtually eradicating the usury prohibition, he did join Zumenhardt on the

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doctrine of implicit intention and was even more radical in the one area where Zumenhardt

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had hung back, lucrum cessans.

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That intention meant that if someone really believed his contract not to be alone, then

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it was not usurious, even though it might be alone in practice.

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This of course paved the way for the practical elimination of the ban on usury.

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In addition, Kajetan also joined his fellow liberals in endorsing the guaranteed investment

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contract.

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But Cardinal Cajetan's great breakthrough on the usury front was his vindication of

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lucrum cessans.

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Wielding the mighty authority of being the greatest Thomist since Aquinas himself, Cajetan

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offered a point-by-point critique of his master's rejection of this exception to the usury ban.

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He then vindicates, not indeed all of lucrum cessans, but any loan to businessmen.

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Thus, a lender may charge interest on any loan as payment for profit foregone on other

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investments, provided that loan be to a businessman.

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This untenable split between loans to businessmen and to consumers was made for the first time

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as a means of justifying all business loans. The rationale was that money retained its

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high profit-forgone value in the hands of business, but not of consumer borrowers.

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Thus, for the very first time in the Christian era, Cardinal Cajetan justified the business

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of Money Lending, provided they were loans to business. Before him, all writers, even

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the most liberal, even Konrad Zumenhart, had justified interest charges on lucrum cessans

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only for ad hoc charitable loans. Now, the great Kajetan was justifying the business

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of money lending at interest.

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3. THE SCHOOL OF SALAMANCA, THE FIRST GENERATION

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If the newly burgeoning liberal Thomism began with Cardinal Cajetan in Italy, the torch

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was soon passed to a set of 16th century theologians who revived Thomism and scholasticism and

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and kept them alive for over a century.

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The School of Salamanca in Spain.

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It is no more than fitting that Spain should be the center of scholastic learning in the

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16th century.

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That century was preeminently the century of Spain.

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Spain, the leader in the explorations and conquests in the New World.

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Spain, the nation that brought the treasures of gold and silver across the Atlantic to Europe.

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Spain, along with Italy and Portugal, the nation in Europe that remained resoundingly

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Catholic and proved immune to the spread of Protestantism.

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The acknowledged founder of the School of Salamanca was the great legal theorist and

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A pioneer in the discipline of international law, Francisco de Vitoria, circa 1485-1546.

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A Basque raised in Burgos in northern Spain and born into a prosperous family, Vitoria

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became a Dominican and went to study and then teach in Paris.

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There, in one of the ironies of the history of thought, he became a disciple of a Fleming

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who had been a pupil of one of the last of the Akhamites, John Major.

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This man, Pierre Croquer, circa 1450 to 1514, had become a student and then teacher of theology

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late in life.

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Turning away from his teacher Major, Croquer abandoned nominalism and moved to Thomism,

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Entering the Dominican Order and Coming to Teach at the Dominican College of Saint-Jacques

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in Paris.

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After spending over 17 years imbibing and then teaching Thomism in Paris, Vittoria returned

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to Spain to lecture in theology at Valladolid, finally coming to Salamanca.

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and the Queen of Spanish Universities as Prime Professor of Theology in 1526.

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A brilliant and highly influential teacher and lecturer, Vitoria set the framework for

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the Salamanca School for the rest of the century.

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Even though he did not publish any writings, his lectures have come down to us as transcribed

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by his students, much as in the case of Aristotle.

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Much of the glory of the University of Salamanca was the result of reforms instituted by Vitoria

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himself. Consequently, the University soon had no less than 70 professorial chairs filled

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by the best scholars of the day, providing instruction not only in the traditional medieval

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curriculum but also in such newfangled disciplines as navigational science and the Chaldean

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and Language.

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Vitoria's lectures were largely commentaries on Aquinas moral theory.

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In the course of the lectures, Vitoria founded the great Spanish scholastic tradition of

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denouncing the conquest, and particularly the enslavement by the Spanish, of the Indians

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in the New World.

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In an age when thinkers in France and Italy were preaching secular absolutism and the

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The Power of the State, Vitoria and his followers revived the idea that natural law is morally

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superior to the mere might of the state.

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Vitoria did not expound much on economic topics, but he was interested in commercial morality

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and his views followed the mainstream scholastic tradition.

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The just price was the common market price, even though if there were a legally fixed

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price it would also be considered just.

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In short, legal price edicts are to be obeyed.

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However, for those goods without a common market, say with only one or two sellers,

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Vitoria advanced beyond his forebears.

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Instead of having cost of production determinate, Vittoria, while stating that cost could well

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be considered, returned to the old, nearly forgotten laissez-faire Roman law tradition

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of free individual bargaining as providing the just price.

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For in this situation, Vittoria maintained, the price had to be settled by the exchanging

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parties themselves.

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Victoria, however, then added a curious distinction between luxury and non-luxury goods.

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Luxuries could be sold for a fancy price, since the buyer pays the high price voluntarily

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and out of his free will.

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Why this free will should disappear with non-luxury items, Victoria unfortunately does not explain.

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His most eminent student and fellow theologian at Salamanca was the Dominican Domingo de Soto, 1494-1560.

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Born in Segovia of comfortable but not wealthy parents, de Soto studied at the University of Alcala near Madrid,

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and then went to Paris where he studied under Vitoria and later became a professor.

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Turning to Spain, de Soto became professor of metaphysics at Alcala and then entered

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the Dominican order, joining his mentor as a theology professor at Salamanca in 1532.

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Though a shy personality, de Soto was repeatedly involved in university administration and

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was several times prior of the College of Esteban in the university.

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De Soto's work in physics is also considered outstanding.

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In 1545 the Emperor Charles V honored De Soto by naming him as his representative at the

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Great Council of Trent, the mighty council of the Catholic Counter-Reformation.

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Soon De Soto became confessor to the Emperor, but gave it up in a few years to return to

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his professorship at Salamanca.

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Mises' fame rested on his treatise De Justitia et Jure, published in 1553 and based on lectures

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given originally at Salamanca in 1540 and 1541.

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De Justitia et Jure was reprinted no less than 27 times before the end of the century

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and was read and quoted by jurists and moralists until the mid-18th century.

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Unfortunately on economics De Soto was a reactionary thinker and set back some of the liberal gains

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of the previous scholastics.

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Thus, while De Soto conceded that the price of goods is not determined by their nature

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but by the measure in which they serve the needs of mankind.

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This utility analysis was weakened by vague concessions to the labor, trouble and risk

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involved in a sale.

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Worse than that, De Soto was not content to concede the propriety of government fixing

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the price of goods and letting it go at that.

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Instead, he declared flatly that a fixed price is always superior to the market price, and

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that ideally all prices should be fixed by the state.

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And even lacking such control, prices for de Soto should be set by the opinion of prudent

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and fair-minded men, whoever they might be, who have nothing to do with any transactions.

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They should not be determined by the free bargaining of the buyers and sellers involved.

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Thus, De Soto, more than any other scholastic thinker, called for statism, rather than market

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determination of price.

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On foreign exchange, De Soto's influence was confusing, cutting both for and against

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that market.

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In its favor, he contributed perhaps the first cogent explanation of the movements of currencies

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and exchange rates on the foreign exchange market, what would later be called the purchasing

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power parity theory of exchange rates.

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The economy of the 16th century was marked by an inflation which first hit Spain in response

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to gold and silver discoveries in the New World, and the consequent importation of

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specie into Spain.

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Inflation first struck in Spain and then spread to the rest of Europe as the Spaniards

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spent the increased supply of money.

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The result was the first large-scale secular inflation in history, prices in Europe doubling

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over the first half of the 16th century.

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Plato was concerned to explain the curious fact that more abundant species in Spain caused

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it to have an unfavorable balance of payment, with money flowing out of Spain and into the

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rest of Europe.

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As he put it, the more plentiful money is in Medina, the more unfavorable are the terms

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of exchange, and the higher the price that must be paid by whoever wishes to send money

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from Spain to Flanders, since the demand for money is smaller in Spain than in Flanders.

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And the scarcer money is in Medina, the less he need pay there, because more people want

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money in Medina than are sending it to Flanders.

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In short, more abundant money in one place causes money to flow out and lowers the exchange

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Exchange Rate Relation to Other Currencies. A more abundant money supply means that money

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is less wanted there, a primitive way of pointing to the supply increasing along a given falling

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demand curve for money, so that each unit or coin is less valued. Here is also a rudimentary

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Re-Purchasing Power Parity Analysis of Exchange Rates.

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But despite this subtle advance in analyzing the workings of the market, De Soto backslid

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on usury to such an extent that he advocated banning the foreign exchange market as usurious.

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In fact, De Soto managed to influence the court in 1552 to outlaw all internal currency

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exchange at anything other than the legal par.

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As can be seen, De Soto exercised a reactionary influence on the usury ban, and managed to

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block any general acceptance of the revolutionary contributions of Zumanhart and Kajetan on

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the usury issue.

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Attempting to turn back the tide, De Soto went so far as to declare the standard guaranteed

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or insured investment contract as sinful and usurious, on the old discredited medieval

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ground that risk and ownership must never be separated.

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He tried to roll back lucrum cessans and, in general, was more rigorously anti-usury

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than almost any of the medieval scholastics, insisting anachronistically that money is

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is sterile and bears no fruit, and therefore cannot lawfully command interest.

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Ironically, however, while anxious to reverse the tide of liberalization of usury, De Soto

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himself contributed to the long-run demise of the usury ban.

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We remember that Pope Urban III in his Decretal Consuluit in the late 12th century had suddenly

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Finally pulled a forgotten quotation from Luke, chapter 6, verse 35, out of the hat,

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Lend freely, hoping nothing thereby, and use this vague counsel to charity as a stick with

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which to prohibit all interest on loans.

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More remarkably, all later scholastics had followed this dubious divine ban on interest-taking.

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Even the radical Zumenhardt had conceded the divine injunction against interest and simply

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narrowed it down to virtually nothing.

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It paradoxically now fell to the conservative De Soto to cast the first stone.

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The Luke statement, he declared contemptuously, has no relevance to lending at interest, and

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Christ most definitely did not declare usury to be sinful.

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Therefore, he concluded, if usury is not against the natural law, it is perfectly licit. Theologically, there is no problem with usury.

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4. The School of Salamanca, Azpilcueta and Medina

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Fortunately, de Soto's reactionary and statist influence was at least partially offset by

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another of Victoria's distinguished students, Martin de Azpilcueta Navarres, 1493-1586.

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Renowned for his saintly life and vast learning, the gaunt, hook-nosed Dominican Azpilcueta

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was regarded as the most eminent canon lawyer of his day.

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After teaching canon law in Cahors and Toulouse in France, Azpilcueta returned to take up

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a chair at Salamanca, where his overflowing lectures featured a new method of teaching

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civil law by combining it with canon law.

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In 1538, Azpilcueta was sent by Emperor Charles V to be rector of the new University of Coimbra

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in western Portugal.

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There he developed the principles of international law originally set forth by his master, Vitoria.

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Azpilcueta spent his last years in Rome, a trusted advisor to three popes, dying at the

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advanced age of 93.

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Azpilcueta used his great influence to advance economic liberalism farther than it had ever

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gone before, among the scholastics or anywhere else.

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In sharp contrast to De Soto's admiration for comprehensive price control, Azpilcueta

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was the first economic thinker to state clearly and boldly that government price fixing was

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imprudent and unwise.

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When goods are abundant, he sensibly pointed out, there is no need for maximum price control,

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and when goods are scarce, controls would do the community more harm than good.

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00:28:33.040 --> 00:28:39.620
But Azpilcueta's outstanding contribution to economics was his Theory of Money, published

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in his Commentario Resolutoio de Usuras, 1556, as an appendix to a manual on moral theology.

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The manual and the commentaries in the appendix were translated into Latin and Italian and

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proved to be influential for Catholic writers for many years.

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As Pilqueta built on the analysis of Cardinal Cajetan to present the first clear and unambiguous

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This presentation of the quantity theory of money, or, rather, he breaks firmly with the

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tradition that money can, in any sense, be a fixed measure of value of other goods.

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In contrast to older emphasis on foreign exchange, or money in terms of other monies, as Pilqueta

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Queta clearly identified the value of money as its purchasing power in terms of goods.

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Once Aspil Queta grasped these two points firmly, then the quantity theory followed

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directly.

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For then, like other goods, the value of money varied inversely with its supply, or quantity

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available.

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As Aspil Queta put it, all merchandise becomes dearer when it is in great demand and short

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supply, and that money, in so far as it may be sold, bartered or exchanged by some other

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form of contract, is merchandise, and therefore also becomes dearer when it is in great demand

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and short supply.

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It should be noted that this splendid and concise analysis of the determinants of the

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purchasing power of money does not make the mistake of later quantity theorists in stressing

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the quantity or supply of money while ignoring the demand.

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On the contrary, demand and supply analysis was applied correctly to the monetary sphere.

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Gold and silver flooded into Spain and then the rest of Europe in the 16th century, driving

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up prices first in Spain and then in the other countries. Prices doubled by the middle of

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the century. Historians of economic thought have held the first quantity theorist, the

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first thinker to attribute the price rise to the influx of specie, to be the French

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by the absolutist political theorist Jean Baudin. But Baudin's famous Reply to the Paradoxes

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of Monsieur Malastrois, 1568, was anticipated by 12 years by Azpilcueta's work. And since

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the erudite Baudin probably had read the Spanish Dominican, his announced claim to originality

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seems in unusually bad taste.

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And since Spain was the first recipient of the flow of specie from the new world, it

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is certainly not surprising that a Spaniard should be the first person to decipher the

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new phenomenon.

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Thus, as Pilqueta wrote, other things being equal, in countries where there is a great

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scarcity of money, all other saleable goods, and even the hands and labor of men, are given

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for Less Money than Where it is Abundant Thus we see by experience that in France,

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where money is scarcer than in Spain, bread, wine, cloth and labor are worth much less.

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And even in Spain, in times when money was scarcer, saleable goods and labor were given

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for very much less than after the discovery of the Indies, which flooded the country with

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with Gold and Silver. The reason for this is that money is worth more where and when

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it is scarce than where and when it is abundant. Martin de Azpilcueta, in this case influenced

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00:32:51.400 --> 00:32:58.120
by his colleague de Soto, also developed the latter's purchasing power parity theory of

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00:32:58.120 --> 00:33:05.240
exchange rates at the same time that he worked out the quantity theory, supply and demand

293
00:33:05.240 --> 00:33:12.800
Analysis of the Value of Money. The two, of course, go hand in hand.

294
00:33:12.800 --> 00:33:20.120
One of Azpilcueta's most important contributions was to revive the vital concept of time preference,

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00:33:20.120 --> 00:33:26.960
perhaps under the influence of the works of its discoverer, San Bernardino of Siena.

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Azpilcueta pointed out, more clearly than Bernardino, that a present good, such as money,

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will naturally be worth more on the market than future goods, that is, goods that are

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now claims to money in the future.

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As Aspil Queta put it, a claim on something is worth less than the thing itself, and it

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is plain that that which is not usable for a year is less valuable than something of

301
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the same quality which is usable at once.

302
00:34:00.980 --> 00:34:07.660
And if a future good is naturally less valuable than a present good on the market, then this

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insight should automatically justify usury as the charging of interest not on time, but

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on the exchange of present goods, money, for a future claim on that money, an IOU.

305
00:34:24.140 --> 00:34:30.380
And yet, this seemingly simple deduction, simple to us who come after, was not made

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by Azpilcueta Navaras.

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On the foreign exchange market, Azpilcueta struck a blow for economic liberalism by reviving

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the Cajetan line and repudiating the statist fulminations of his colleague De Soto, who

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had called for the prohibition of all foreign exchange transactions as usurias.

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In addition to repeating Cajetanian arguments, the Spanish Dominican and trusted advisor

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to three popes injected practical considerations.

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Azpilcueta pointed out that an infinite number of decent Christian merchants, aristocrats,

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widows and even churchmen commonly invest in foreign exchange.

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Aspil Queta insisted that he refuses to damn the whole world by imposing overly rigorous standards.

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Furthermore, he warned, to abolish foreign exchange markets would be to plunge the realm into poverty,

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a step he was clearly not willing to take.

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On most other aspects of the usury question, however, Aspil Queta Navaras was surprisingly conservative

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and a big step backward from the advanced free market position of Konrad Zumenhardt.

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On the census or annuity contract, Aspil Queta Navaras was far harsher than De Soto,

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00:35:58.340 --> 00:36:02.340
who was liberal on this particular aspect of usury.

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Instead, Aspil Queta was the main influence on Pope Pius V's issue in 1569 of the Bull Cum Onus,

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In which all census is declared illegal, except on a fruitful immobile good, for which status money, of course, cannot qualify.

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The Pope had been goaded into issuing the bull by Cardinal San Carlo Borromeo, who, as newly appointed Archbishop of Milan, professed to find usury everywhere in that sinful city.

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Borromeo was one of the leaders of the Catholic Counter-Reformation, and his prodding led to Cum Onus.

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But it was too late. The census contract was too ingrained in European practice,

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and too many theologians had adopted the liberal approach.

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The majority of Catholic theologians rejected this new attempt, and simply stated

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The Pope's arguments were matters of positive rather than natural law, and therefore that the papal bull had to be accepted by the government or be the common practice of a particular country for it to carry the force of law in that country.

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Interestingly enough, not a single country in Europe accepted Cum Onus. Not Spain, not France, nor Germany, not southern Italy, nor even Rome itself.

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The contempt with which Cum Onus was received throughout Europe is strikingly revealed in its treatment by the recently founded Jesuit order.

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The Society of Jesus was founded in 1537 by an invalided Spanish ex-army officer, Ignatius Loyola, born in the Basque country.

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The rapidly expanding society was installed on rigorous discipline along consciously military lines.

333
00:38:06.340 --> 00:38:12.340
Loyola's original title for the society was The Company of Jesus.

334
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Under vow of absolute obedience to the Pope and to the General of the Order, the Jesuits became the shock troops of the Catholic Counter-Reformation.

335
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Despite their vow to the Pope, the Jesuit General Congregation of 1573, only four years after Cum Onus, validated the mutually redeemable census contract.

336
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And in 1581, the Jesuit congregation went the whole way and validated every type of census contract.

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When some German Jesuits became restive at this liberality, the general of the Jesuit order, Claude Aquaviva, in 1589,

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ordered that the validity of the census contract be upheld by German Jesuits with no further dissent.

339
00:39:05.340 --> 00:39:09.340
So much for the Pope's census prohibition.

340
00:39:09.340 --> 00:39:19.340
In the following century, the census loophole was widely used to camouflage interest on loan contracts, particularly in Germany.

341
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As Noonan points out, it is certainly significant that the German word for interest on a loan is ziens, derived from the Latin, census.

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The Zumanhart-Kajetan doctrine of implicit intention that if someone did not intend a contract to be a loan, then it was licit, was carried even further by the remarkable Jesuit congregation of 1581.

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The congregation justified virtually every contract.

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As Noonan concludes, in practice it meant that only loans to aged or infirm persons without property or loans bearing a rate of interest beyond that obtainable in a guaranteed investment contract or census were to be regarded as true usurious loans.

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If Azpilcueta Navaras was conservative on most aspects of usury, he did, however, become the first writer to justify interest charged on Lucrum cessens, investment profit foregone, for all loans, not just ad hoc loans made out of charity, previous writers, or even only for loans to business, cajetan.

346
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Now, any profit foregone could be charged as interest, even by professional moneylenders.

347
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The only restriction remaining, a feeble one in practice, is that the lender would actually

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have used his money to make the foregone investment.

349
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Of this first generation of late Spanish scholastics, approximately those who were born in the 1480s

350
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1490s. The final noteworthy writer was Juan de Medina, 1490-1546. Medina, a Franciscan,

351
00:41:19.740 --> 00:41:27.940
did not, however, teach theology at Salamanca, but at the collegium at Alcala. Medina's distinction

352
00:41:27.940 --> 00:41:33.840
comes from being the first writer in history to advance the view clearly that charging

353
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Exposing interest on a loan is legitimate if in compensation to the lender for risk

354
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of non-payment. Medina's reasoning was impeccable. Exposing one's property to the risk of being

355
00:41:47.640 --> 00:41:54.160
lost is sellable and purchasable at a price, nor is it among those things which are to

356
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be done gratuitously. Furthermore, Medina pointed out, theologians now admit that someone

357
00:42:01.460 --> 00:42:07.660
One who guarantees a debtor's loan can licitly charge for that service.

358
00:42:07.660 --> 00:42:13.800
But in that case, if the borrower cannot find a guarantor, why cannot the lender charge

359
00:42:13.800 --> 00:42:18.660
the borrower for assuming the risk of non-repayment?

360
00:42:18.660 --> 00:42:23.560
Isn't his charge similar to the charge of the guarantor?

361
00:42:23.560 --> 00:42:30.180
The argument was sound, but the shock to the scholastics was severe, no less so because

362
00:42:30.180 --> 00:42:37.060
Because Medina weakened his risk justification by banning interest on riskless loans and

363
00:42:37.060 --> 00:42:43.980
restricting the charge to cases where the borrower could not find a guarantor.

364
00:42:43.980 --> 00:42:51.160
Domingo de Soto, in horror, correctly pointed out that to admit a charge for risk of non-payment

365
00:42:51.160 --> 00:42:57.740
would destroy the entire usury prohibition, since a charge could be made for a loan above

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the principal.

367
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The usually more liberal Aspil Queta gave Medina even shorter shrift, objecting correctly

368
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if insufficiently that every theologian, canon lawyer and natural lawyer disagreed with Medina's

369
00:43:14.360 --> 00:43:19.880
innovation, and that was supposed to be the end of the matter.

370
00:43:19.880 --> 00:43:25.400
Medina's discussion of value theory, however, was not nearly so cogent.

371
00:43:25.400 --> 00:43:32.000
In discussing the just market price, Medina throws in, higgledy-piggledy, a host of factors

372
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– costs, labor, industry and risk for suppliers, need or utility for buyers, and scarcity or

373
00:43:41.080 --> 00:43:43.880
abundance of the good.

374
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Clearly there was much less of a coherent analysis of supply than in the hands of San

375
00:43:49.400 --> 00:43:52.000
Bernardino of Siena.

376
00:43:52.000 --> 00:43:56.940
On the other hand, whereas the scholastic tradition held that the legal price would

377
00:43:56.940 --> 00:44:03.560
have to take precedence over the market price, Medina cited two cases where the market price

378
00:44:03.560 --> 00:44:09.640
should be followed, where the market price is lower, and where the authorities were too

379
00:44:09.640 --> 00:44:16.000
slow in adjusting the legal edict to a higher market price.

380
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5. THE SCHOOL OF SALAMANCA, THE MIDDLE YEARS

381
00:44:23.440 --> 00:44:28.640
The institution and the structure of thought of the School of Salamanca was established

382
00:44:28.640 --> 00:44:36.080
then in the first half of the 16th century by three great Dominicans, Francisco de Vitoria

383
00:44:36.080 --> 00:44:44.920
and his followers, Domingo de Soto and Martin de Azpilcueta Navaras. The latter two theologians

384
00:44:44.920 --> 00:44:50.280
Salamanians were the founders of the economic aspect of the systematic theology and philosophy

385
00:44:50.280 --> 00:44:53.320
of the Salamanca School.

386
00:44:53.320 --> 00:44:58.120
The middle generation of Salamanquans were those men born in the first decades of the

387
00:44:58.120 --> 00:45:03.120
16th century and writing near and after mid-century.

388
00:45:03.120 --> 00:45:09.400
The oldest of these second generation members was the eminent Diego de Covarrubias y Leva

389
00:45:09.400 --> 00:45:17.880
1512-1577, whose handsome and distinguished features grace a stunning portrait by the

390
00:45:17.880 --> 00:45:25.080
great Spanish painter El Greco, now hanging in the Greco Museum in Toledo.

391
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Acknowledged as the greatest jurist since Vitoria, Covarrubias was the most prominent

392
00:45:30.640 --> 00:45:33.800
student of Azpilcueta.

393
00:45:33.800 --> 00:45:39.840
After 10 years as Professor of Canon Law at the University of Salamanca, Covarrubias was

394
00:45:39.840 --> 00:45:46.400
made Auditor of the Chancellor of Castile by the Emperor, after which he became Bishop

395
00:45:46.400 --> 00:45:50.880
of Ciudad Rodrigo and Bishop of Segovia.

396
00:45:50.880 --> 00:45:57.360
In 1572 Covarrubias became President of the Council of Castile.

397
00:45:57.360 --> 00:46:03.760
As did so many other scholastics of the time, Covarrubias' writings ranged over theology,

398
00:46:03.760 --> 00:46:10.720
History, Numismatics and Other Disciplines of Human Action as well as the Law.

399
00:46:10.720 --> 00:46:16.580
The Theory of Value had lain in the doldrums ever since San Bernardino and Johannes Nieder

400
00:46:16.580 --> 00:46:24.240
in the 15th century, and now, a century later, it was revived by Covarrubias.

401
00:46:24.240 --> 00:46:32.160
In his Variarum, 1554, Covarrubias gets value theory back on the right track.

402
00:46:32.160 --> 00:46:39.640
The value of goods on the market is determined by utility and by the scarcity of the product.

403
00:46:39.640 --> 00:46:46.720
The value of goods, then, depends not on matters intrinsic to the good or to its production,

404
00:46:46.720 --> 00:46:49.680
but on the estimations of consumers.

405
00:46:49.680 --> 00:46:53.040
Thus, Covarrubias.

406
00:46:53.040 --> 00:46:58.680
The value of an article does not depend on its essential nature, but on the estimation

407
00:46:58.680 --> 00:47:05.920
of Men, even if that estimation is foolish. Thus, in the Indies, wheat is dearer than

408
00:47:05.920 --> 00:47:11.920
in Spain, because men esteem it more highly, though the nature of the wheat is the same

409
00:47:11.920 --> 00:47:20.200
in both places. In considering the just price of a good, Covarrubias added, we must consider

410
00:47:20.200 --> 00:47:28.240
Consider not its original cost, nor its cost in labor, but only its common market value.

411
00:47:28.240 --> 00:47:35.260
Prices fall when buyers are few and goods are abundant, and vice versa.

412
00:47:35.260 --> 00:47:40.800
It should be noted, as will be mentioned further below, that Covarrubius, considered one of

413
00:47:40.800 --> 00:47:47.520
the greatest experts on Roman law in his day, exerted considerable influence on the great

414
00:47:47.520 --> 00:47:52.840
17th Century Dutch Protestant jurist Hugo Grotius.

415
00:47:52.840 --> 00:47:58.720
Covarrubias economic writings were particularly influential in Italy, where they continued

416
00:47:58.720 --> 00:48:07.280
to be cited down through the work of the eminent Abbé Ferdinando Galliani in 1750.

417
00:48:07.280 --> 00:48:12.920
Another important contribution to utility theory was made by a lesser contemporary of

418
00:48:12.920 --> 00:48:22.460
of Covarrubias, Luis Saravia de la Calle Veronese. Saravia was one of several influential writers

419
00:48:22.460 --> 00:48:28.300
of handbooks on moral theology, which took the teachings of the great theologians and

420
00:48:28.300 --> 00:48:36.880
boiled them down for confessors and their penitents. In his Instrucción de Mercades,

421
00:48:36.880 --> 00:48:44.960
Medina del Campo, 1554, Saravia lashed out at all manner of cost of production theories

422
00:48:44.960 --> 00:48:52.100
of value, insisting that utility and market demand alone interacting with scarcity of

423
00:48:52.100 --> 00:48:58.320
supply determine the common market price and hence the just price.

424
00:48:58.320 --> 00:49:05.580
Saravia's attack on cost of production notions was trenchant and hard-hitting.

425
00:49:05.580 --> 00:49:12.420
The just price arises from the abundance or scarcity of goods, merchants and money, as

426
00:49:12.420 --> 00:49:17.900
has been said, and not from costs, labor and risk.

427
00:49:17.900 --> 00:49:24.220
If we had to consider labor and risk in order to assess the just price, no merchant would

428
00:49:24.220 --> 00:49:31.780
ever suffer loss, nor would abundance or scarcity of goods and money enter into the question.

429
00:49:31.780 --> 00:49:38.660
Saravia's work, in addition to being cited many times by later Spanish writers, was also

430
00:49:38.660 --> 00:49:44.340
influential in Italy, where it was translated in 1561.

431
00:49:44.340 --> 00:49:53.360
The Italian A. M. Venusti became a disciple of Saravia and published a similar treatise.

432
00:49:53.360 --> 00:49:59.940
The next important Salamancon economist was the colorful Dominican Tomás de Maracado,

433
00:49:59.940 --> 00:50:09.340
died 1585. Mercado's was the next important handbook on moral theology after Saravia.

434
00:50:09.340 --> 00:50:19.540
Tratos y Contratos de Mercaderes, Salamanca 1569. Born in Seville, Mercado was raised

435
00:50:19.540 --> 00:50:24.900
in Mexico, where he entered the Dominican order, from which he returned to Salamanca

436
00:50:24.900 --> 00:50:32.280
and Seville. Mercado's handbook drew on his extensive knowledge of business practice picked

437
00:50:32.280 --> 00:50:39.380
up on his travels and it was written in a concise and even sardonic style. Mercado was

438
00:50:39.380 --> 00:50:47.540
a perceptive if sometimes confused monetary theorist. Applying utility analysis to money,

439
00:50:47.540 --> 00:50:53.020
Mercado went right up to the edge of marginal analysis by pointing out that the purchasing

440
00:50:53.020 --> 00:51:00.460
Purchasing power is the highest where money is most scarce, and therefore highly esteemed.

441
00:51:00.460 --> 00:51:07.500
In short, Mercado dimly realized that the demand for money is a schedule, falling as

442
00:51:07.500 --> 00:51:14.380
the supply of money increases, and that the value or purchasing power of money is determined

443
00:51:14.380 --> 00:51:18.260
by the interaction of its supply and demand.

444
00:51:18.260 --> 00:51:20.260
Thus Mercado

445
00:51:48.260 --> 00:51:53.820
Attraction and appreciation are brought about in the first place by the abundance or scarcity

446
00:51:53.820 --> 00:51:55.580
of these metals.

447
00:51:55.580 --> 00:52:02.900
Since they are found and mined in America, they are there held in little esteem.

448
00:52:02.900 --> 00:52:09.660
It is not surprising that Mercado, in contrast to De Soto, opposed the outlawing of internal

449
00:52:09.660 --> 00:52:13.020
currency exchange in Spain.

450
00:52:13.020 --> 00:52:18.980
On the other hand, he was confused enough, in contrast to his keen analysis of the value

451
00:52:18.980 --> 00:52:24.780
of money, to favor the outlawing of the export of metals.

452
00:52:24.780 --> 00:52:30.580
But wouldn't the esteem for the remaining metals be higher, and wouldn't this check

453
00:52:30.580 --> 00:52:35.180
and offset the outward flow of metals?

454
00:52:35.180 --> 00:52:42.620
During the 1570s, a satellite group of theologian economists arose at Valencia, grounding themselves

455
00:52:42.620 --> 00:52:45.740
on their Studies at Salamanca.

456
00:52:45.740 --> 00:52:55.420
The most important was Francisco Garcia, who in his Trattato Utilismo, Valencia 1583, expanded

457
00:52:55.420 --> 00:53:00.080
and developed the subjective utility theory of value.

458
00:53:00.080 --> 00:53:06.260
In a notable advance in discussions of utility, Garcia pointed out that the utility or value

459
00:53:06.260 --> 00:53:13.140
The value of a thing may vary because one good may have many uses and serve more purposes

460
00:53:13.140 --> 00:53:20.720
than another, may serve a more important service than another, and or may perform a given service

461
00:53:20.720 --> 00:53:24.420
more efficiently than another.

462
00:53:24.420 --> 00:53:31.440
In addition to utility determining value and price, Garcia noted also its relative abundance

463
00:53:31.440 --> 00:53:39.000
Preference or Scarcity, and here Garcia, too, came just to the edge, although not over,

464
00:53:39.000 --> 00:53:45.880
of discovering the final missing marginal element in utility theory.

465
00:53:45.880 --> 00:53:51.880
For example, we have said that bread is more valuable than meat because it is more necessary

466
00:53:51.880 --> 00:53:54.880
for the preservation of human life.

467
00:53:54.880 --> 00:54:01.220
But there may come a time when bread is so abundant and meat so scarce that bread is

468
00:54:01.220 --> 00:54:04.940
Is Cheaper Than Meat

469
00:54:04.940 --> 00:54:10.620
Garcia went on to detail other determinants of value, including the number of buyers and

470
00:54:10.620 --> 00:54:17.740
sellers and the eagerness to buy and sell, that is, intensity of demand in buying or

471
00:54:17.740 --> 00:54:24.580
holding on to a product, whether vendors are eager to sell their goods and buyers much

472
00:54:24.580 --> 00:54:27.940
sought after and importuned.

473
00:54:27.940 --> 00:54:34.260
He then went on to integrate monetary into value theory, another determinant of prices

474
00:54:34.260 --> 00:54:39.340
being whether money is scarce or plentiful.

475
00:54:39.340 --> 00:54:47.420
In monetary theory, Garcia continued and developed the Aspilcueta Covarrubius Mercado line.

476
00:54:47.420 --> 00:54:54.880
In the Indies, where gold and silver are plentiful, specie is not as highly esteemed as in Spain,

477
00:54:54.880 --> 00:54:57.860
where there is less gold and silver.

478
00:54:57.860 --> 00:55:03.520
He similarly pointed out in his comprehensive discussion that when money is abundant in

479
00:55:03.520 --> 00:55:10.960
any given country, its esteem or value will be low, whereas when money is scarce it is

480
00:55:10.960 --> 00:55:13.860
far more highly valued.

481
00:55:13.860 --> 00:55:20.860
In other words, as Garcia pointed out, these differences in degrees of esteem or demand

482
00:55:20.860 --> 00:55:25.500
may occur either over place or over time.

483
00:55:25.500 --> 00:55:32.640
This comparative analysis of changes in the value of money over time or place was an important

484
00:55:32.640 --> 00:55:35.380
advance in monetary theory.

485
00:55:35.380 --> 00:55:44.720
But not only that, Garcia for the first time rested his macro-analysis on a micro-insight,

486
00:55:44.720 --> 00:55:51.840
that a very rich man, a man with an abundant personal supply of money, will tend to evaluate

487
00:55:51.840 --> 00:56:06.680
Here, Garcia actually grasped, though sketchily, the concept of the diminishing marginal utility

488
00:56:06.680 --> 00:56:16.040
of money. Marginalism, in this area at least, was actually reached rather than simply approached.

489
00:56:16.040 --> 00:56:23.920
Finally, Garcia arrived at the most integrated utility theory of the value of money to date.

490
00:56:23.920 --> 00:56:30.440
The value of money on the market is determined by the supply of money available, the intensity

491
00:56:30.440 --> 00:56:37.200
of the demand for money, and the safety of the money itself, called by later economists

492
00:56:37.200 --> 00:56:43.040
the quality of the money in the minds of people in the market.

493
00:56:43.040 --> 00:56:48.540
6. The Late Salamanquans

494
00:56:48.540 --> 00:56:56.040
The school of Salamanca, begun by Francisco Vitoria in the 1520s, reached its final flowering

495
00:56:56.040 --> 00:57:02.320
at the end of the 16th century. One of the leading lights of that era was the Dominican

496
00:57:02.320 --> 00:57:11.520
Domingo de Báñez de Mondragón, 1527-1604, professor of theology at the University of

497
00:57:11.520 --> 00:57:19.160
of Salamanca, and friend and confessor of the famous mystic St. Teresa of Avila.

498
00:57:19.160 --> 00:57:25.700
de Báñez was renowned for the great controversy with his eminent Jesuit colleague Luis de

499
00:57:25.700 --> 00:57:31.440
Molina on the crucial question of determinism versus free will.

500
00:57:31.440 --> 00:57:38.220
de Báñez took the Dominican position, which leaned toward the Calvinist-determinist stand

501
00:57:38.220 --> 00:57:44.420
that salvation is solely a product of God's grace, ordered from the beginning of time

502
00:57:44.420 --> 00:57:48.560
for God's own inscrutable reasons.

503
00:57:48.560 --> 00:57:54.840
Molina championed the Jesuit view, which upheld the freedom of will of each individual in

504
00:57:54.840 --> 00:57:57.460
achieving salvation.

505
00:57:57.460 --> 00:58:03.680
In the latter view, the free will choice of the individual is necessary to effectuate God's

506
00:58:03.680 --> 00:58:07.820
grace, which is there for him to accept.

507
00:58:07.820 --> 00:58:13.820
A historian sums up Molina's view of free will with these inspiring words.

508
00:58:13.820 --> 00:58:22.200
Liberty is ours, so indisputably ours, that with the help of God's gifts it lies in our

509
00:58:22.200 --> 00:58:28.680
power to avoid all mortal sin and to attain eternal life.

510
00:58:28.680 --> 00:58:33.020
Freedom belongs to the sons of God.

511
00:58:33.020 --> 00:58:40.420
In a systematic discussion of money, its value, and foreign exchange, de Báñez, in De

512
00:58:40.420 --> 00:58:48.560
Justicia et Jure, 1594, provided a cogent discussion of the purchasing power parity

513
00:58:48.560 --> 00:58:56.000
theory of exchanges, a theory which had formed the scholastic main line since de Soto and

514
00:58:56.000 --> 00:58:58.260
Azpilcueta.

515
00:58:58.260 --> 00:59:08.380
The last notable Salamancon economic thinker was the great theologian Luis de Molina, 1535-1601.

516
00:59:08.380 --> 00:59:14.260
The ascendancy of Molina in Spanish scholastic thought was a fitting embodiment of the passing

517
00:59:14.260 --> 00:59:20.460
of the theological and the natural law torch from the Dominicans to the aggressive new

518
00:59:20.460 --> 00:59:22.740
Jesuit order.

519
00:59:22.740 --> 00:59:29.380
By the late 16th century, the influence of the order permeated all of Spain.

520
00:59:29.380 --> 00:59:36.220
Though a Salamancan through and through, Molina only briefly studied and never actually taught

521
00:59:36.220 --> 00:59:38.900
at that university.

522
00:59:38.900 --> 00:59:44.860
Born in Cuença of a noble family, Molina went briefly to Salamanca and then to the

523
00:59:44.860 --> 00:59:47.260
University of Alcala.

524
00:59:47.260 --> 00:59:53.620
Following the new Jesuit order, Molina was sent to the University of Coimbra in Portugal,

525
00:59:53.620 --> 00:59:59.180
since the Jesuit order was not yet fully organized in Castile.

526
00:59:59.180 --> 01:00:05.540
Molina was to remain 29 years as a student and teacher in Portugal.

527
01:00:05.540 --> 01:00:12.580
After Coimbra, the habitually shabbily dressed Molina taught theology and civil law for 20

528
01:00:12.580 --> 01:00:15.640
years at the University of Evora.

529
01:00:15.640 --> 01:00:22.200
In retirement back in Quensa, the learned and worldly Molina published his massive six-volume

530
01:00:22.200 --> 01:00:27.160
magnum opus, De Justicia et Jure.

531
01:00:27.160 --> 01:00:34.980
The first three volumes were published in 1593, 1597, and 1600, and the other volumes

532
01:00:34.980 --> 01:00:37.960
followed posthumously.

533
01:00:37.960 --> 01:00:44.480
Luis de Molina was a solid economic liberal, and he provided a comprehensive analysis in

534
01:00:44.480 --> 01:00:51.480
in the Salamancon vein of supply and demand and their determination of price.

535
01:00:51.480 --> 01:00:56.240
The just price is, of course, the common market price.

536
01:00:56.240 --> 01:01:01.400
One important addition that Molina made to his forerunners was to point out that goods

537
01:01:01.400 --> 01:01:09.020
supplied at retail in small quantities will sell at a higher unit price than at bulk sales

538
01:01:09.020 --> 01:01:12.640
before the goods get to the retailer.

539
01:01:12.640 --> 01:01:20.760
This argument also served as an added justification for the existence of the much abused retailer.

540
01:01:20.760 --> 01:01:28.200
But Molina in economics was primarily a monetary theorist. Here he endorsed and carried forward

541
01:01:28.200 --> 01:01:34.960
the purchasing power parity theory of exchange rates and the Salamakan analysis of the value

542
01:01:34.960 --> 01:01:44.080
of Money, even explicitly endorsing the work of his theological opponent, Domingo de Báñez.

543
01:01:44.080 --> 01:01:49.480
Molina's analysis of the determination of the value of money and its changes was the

544
01:01:49.480 --> 01:01:57.560
most subtle to date, using explicit, other things being equal, Ceteris Paribus clauses,

545
01:01:57.560 --> 01:02:03.480
and developing the analysis of the determinants of the demand for money.

546
01:02:03.480 --> 01:02:09.200
Based on the causes of changes in price, and particularly of the Spanish inflation

547
01:02:09.200 --> 01:02:17.760
of the 16th century, Molina wrote, Just as an abundance of goods causes prices to fall,

548
01:02:17.760 --> 01:02:24.160
the quantity of money and number of merchants being equal, so does an abundance of money

549
01:02:24.160 --> 01:02:30.880
cause them to rise, the quantity of goods and number of merchants being equal.

550
01:02:30.880 --> 01:02:37.380
The reason is that the money by itself becomes less valuable for the purpose of buying and

551
01:02:37.380 --> 01:02:39.020
comparing goods.

552
01:02:39.020 --> 01:02:46.620
Thus we see that in Spain the purchasing power of money is far lower on account of its abundance

553
01:02:46.620 --> 01:02:49.460
than it was 80 years ago.

554
01:02:49.460 --> 01:02:55.660
A thing that could be bought for two ducats at that time is nowadays worth five, six or

555
01:02:55.660 --> 01:02:58.020
even more.

556
01:02:58.020 --> 01:03:03.860
have risen in the same proportion, and so have dowries, the price of estates, the income

557
01:03:03.860 --> 01:03:08.420
from benefices, and other things.

558
01:03:08.420 --> 01:03:14.220
After going through the standard Spanish scholastic analysis of how abundance of money causes

559
01:03:14.220 --> 01:03:21.780
a fall in its value, first and foremost in the New World, then in Seville and Spain,

560
01:03:21.780 --> 01:03:26.380
Molina noted the importance of the demand for money.

561
01:03:26.380 --> 01:03:32.660
Wherever the demand for money is greatest, whether for buying or carrying goods, conducting

562
01:03:32.660 --> 01:03:39.060
other business, waging war, holding the royal court, or for any other reason, there will

563
01:03:39.060 --> 01:03:41.840
its value be highest.

564
01:03:41.840 --> 01:03:48.380
It is not surprising that the economic liberal Molina strongly attacked any government fixing

565
01:03:48.380 --> 01:03:50.540
of exchange rates.

566
01:03:50.540 --> 01:03:56.980
The value of one currency in terms of another is always changing in response to supply and

567
01:03:56.980 --> 01:04:05.480
demand forces, and therefore it is meet and just that exchange rates fluctuate accordingly.

568
01:04:05.480 --> 01:04:11.440
Molina then pointed out that fixed exchange rates would create a shortage of money.

569
01:04:11.440 --> 01:04:16.180
He did not, however, go into detail.

570
01:04:16.180 --> 01:04:22.180
Molina also invade against most governmental price controls, particularly the imposing

571
01:04:22.180 --> 01:04:26.700
of ceiling prices on farm commodities.

572
01:04:26.700 --> 01:04:32.680
On usury, Molina, while still not going as far as the radical acceptance of interest

573
01:04:32.680 --> 01:04:39.800
by Konrad Zumenhardt a century earlier, took important steps in widening the accepted bounds

574
01:04:39.800 --> 01:04:42.440
of the charging of interest.

575
01:04:42.440 --> 01:04:49.040
He put his immense prestige behind Juan de Medina's entirely new defense of charging

576
01:04:49.040 --> 01:04:56.640
payment for the lender's assumption of risk. Indeed, he widened Medina's permitted bounds

577
01:04:56.640 --> 01:05:04.120
of using the risk defense. Not only that, Molina greatly widened the scope of lucrum

578
01:05:04.120 --> 01:05:11.740
cessens and solidly entrenched that permissible title to interest as a broad principle permeating

579
01:05:11.740 --> 01:05:18.500
During the Market Economy, one of the few remaining restrictions is intention.

580
01:05:18.500 --> 01:05:26.820
The loan is not permissible if the lender had not intended to invest the loaned funds.

581
01:05:26.820 --> 01:05:33.820
Luis de Molina also played an important role in reviving active natural rights and private

582
01:05:33.820 --> 01:05:40.620
property rights theory, which had fallen into a decline since the early part of the 16th

583
01:05:40.620 --> 01:05:41.620
century.

584
01:05:41.620 --> 01:05:47.340
Theists and Protestants, as we shall see below, had little use for the concept of natural

585
01:05:47.340 --> 01:05:54.900
rights, while Victoria and the Dominicans slipped into a determinist, passive or attenuated

586
01:05:54.900 --> 01:05:57.320
view of rights.

587
01:05:57.320 --> 01:06:03.900
Only the University of Louvain, in Belgium, began to serve as a center of free will thought,

588
01:06:03.900 --> 01:06:10.460
along with the idea of absolute natural rights of person and property.

589
01:06:10.460 --> 01:06:26.300
The Louvain theologian Johannes Dridot stressed freedom of the will in De Concordia 1537 and active natural rights De Libertate Christiana 1548.

590
01:06:26.300 --> 01:06:32.460
By the 1580s, the New Jesuit Order began to launch its assault on the Dominicans, whom

591
01:06:32.460 --> 01:06:39.380
they suspected of crypto-Calvinism, a suspicion not allayed by the fact that many Dominicans

592
01:06:39.380 --> 01:06:44.300
Malina's had converted to Calvinism during the 16th century.

593
01:06:44.300 --> 01:06:49.900
In the course of his championing free will against de Bagnès and the Dominicans, Malina

594
01:06:49.900 --> 01:06:56.700
also returned to the active natural rights view which had for long only continued to

595
01:06:56.700 --> 01:06:59.980
be upheld at Louvain.

596
01:06:59.980 --> 01:07:06.880
Attacking the passive claim theory of rights, Malina put the distinction very clearly.

597
01:07:06.880 --> 01:07:14.600
When we say that someone has a use to something, we do not mean that anything is owed to him,

598
01:07:14.600 --> 01:07:20.720
but that he has a faculty to it, whose contravention would cause him injury.

599
01:07:20.720 --> 01:07:27.480
In this way we say that someone has a use to use his own things, such as consuming his

600
01:07:27.480 --> 01:07:29.180
own food.

601
01:07:29.180 --> 01:07:35.620
That is, if he is impeded, injury and injustice will be done to him.

602
01:07:35.620 --> 01:07:53.340
Note that the astute Molina did not say that the pauper had the right to be given alms.

603
01:07:53.340 --> 01:08:00.620
For Molina, as for all active property rights theorists, a right was not a claim to someone

604
01:08:00.620 --> 01:08:19.900
It was Molina's achievement to link this active natural rights theory with his libertarian

605
01:08:19.900 --> 01:08:27.860
commitment to freedom and the free will of each individual, both theologically and philosophically.

606
01:08:27.860 --> 01:08:33.180
Dr. Tuck sums up this linkage with these stirring words.

607
01:08:33.180 --> 01:08:39.800
Molinas was a theory which involved a picture of man as a free and independent being, making

608
01:08:39.800 --> 01:08:46.260
his own decisions and being held to them on matters to do with both his physical and his

609
01:08:46.260 --> 01:08:49.940
spiritual welfare.

610
01:08:49.940 --> 01:08:56.260
The school of Salamanca had begun with the distinguished jurist Davidoria, and so it

611
01:08:56.260 --> 01:09:02.900
It is fitting that the last major Salamancon should be another renowned jurist, and perhaps

612
01:09:02.900 --> 01:09:13.280
the most illustrious thinker in the history of the Jesuit order, Francisco Suarez, 1548-1617.

613
01:09:13.280 --> 01:09:19.860
The last of the great Thomists, this celebrated theologian was born in Granada into an ancient

614
01:09:19.860 --> 01:09:22.020
noble family.

615
01:09:22.020 --> 01:09:29.020
During the University of Salamanca, Suarez applied to the Jesuit order in 1564, and was

616
01:09:29.020 --> 01:09:36.100
the only applicant among 50 candidates that year to be rejected, as mentally and physically

617
01:09:36.100 --> 01:09:39.000
below standard.

618
01:09:39.000 --> 01:09:45.020
Admitted finally with an inferior rank, Suarez could hardly keep up with his studies, and

619
01:09:45.020 --> 01:09:53.220
was known, ironically like St. Thomas Aquinas before him, as the dumb ox. Soon, however,

620
01:09:53.220 --> 01:09:59.780
the humble and modest Suarez became the star pupil, and it was not long before his theology

621
01:09:59.780 --> 01:10:04.500
professors were asking him for advice.

622
01:10:04.500 --> 01:10:12.180
In 1571, Suarez became professor of philosophy at Segovia, then taught theology at Avila

623
01:10:12.180 --> 01:10:19.740
and Valladolid. Suarez soon attained to the famous Chair of Theology at the Jesuit College

624
01:10:19.740 --> 01:10:27.860
in Rome. From there, due to ill health, Suarez returned to Spain, teaching at Alcala, where

625
01:10:27.860 --> 01:10:35.860
he was virtually ignored, and then to Salamanca, where, as in Alcala, he lost academic disputes

626
01:10:35.860 --> 01:10:38.340
to Inferior Rivals.

627
01:10:38.340 --> 01:10:46.500
In 1593, the emperor insisted on Suarez's accepting the main chair of theology at Coimbra,

628
01:10:46.500 --> 01:10:55.620
where in 1612 he published his masterwork, De Legibus Ac De Deo Legislatore.

629
01:10:55.620 --> 01:11:00.100
Francisco Suarez never achieved his due in life.

630
01:11:00.100 --> 01:11:06.180
His quiet, plodding lecture style made him lose academic influence to flashier though

631
01:11:06.180 --> 01:11:09.140
inferior rivals.

632
01:11:09.140 --> 01:11:16.460
Perhaps the crowning indignity heaped upon him is that in 1597, at the age of 49, this

633
01:11:16.460 --> 01:11:22.460
brilliant and learned jurist and theologian, perhaps the greatest mind in the history of

634
01:11:22.460 --> 01:11:28.660
the Jesuit order, was forced to leave the University of Coimbra for a year to obtain

635
01:11:28.660 --> 01:11:36.740
a Doctorate in Theology at Evora, Ph.D. Itis in the 16th Century

636
01:11:36.740 --> 01:11:42.820
While Suarez contributed little on strictly economic matters, he added greatly to the

637
01:11:42.820 --> 01:11:49.060
weight of the Louvain-Molina rediscovery of the active natural rights view of private

638
01:11:49.060 --> 01:11:56.360
property, and he reinforced the great impact of Molinist free will theory.

639
01:11:56.360 --> 01:12:02.960
In addition, Suarez had a much more restricted view of the just power of the king than did

640
01:12:02.960 --> 01:12:06.680
Molina or his other predecessors.

641
01:12:06.680 --> 01:12:13.820
To Suarez, the power of the ruler is in no sense a divinely created institution, since

642
01:12:13.820 --> 01:12:21.820
political power, by natural and divine law, devolves solely on the people as a whole.

643
01:12:21.820 --> 01:12:29.140
The community as a whole confers political power on the king or other set of rulers,

644
01:12:29.140 --> 01:12:35.940
and while Suarez believed that natural law requires some form of state, the sovereign

645
01:12:35.940 --> 01:12:42.780
power of any particular state must necessarily be bestowed upon him by the consent of the

646
01:12:42.780 --> 01:12:45.780
community.

647
01:12:45.780 --> 01:12:50.620
Suarez's theory, of course, held radical implications indeed.

648
01:12:50.620 --> 01:12:56.840
For if the people or the community confer state power on a king or set of rulers, may

649
01:12:56.840 --> 01:13:00.300
they not then take it away?

650
01:13:00.300 --> 01:13:02.300
Here Suarez fumbled.

651
01:13:02.300 --> 01:13:09.700
He was certainly not prepared to go all the way to a truly radical or revolutionary position.

652
01:13:09.700 --> 01:13:17.400
No, he declared inconsistently, once the sovereign power is conferred by the people on a king,

653
01:13:17.400 --> 01:13:19.120
it is his forever.

654
01:13:19.120 --> 01:13:22.280
The people cannot take it back.

655
01:13:22.280 --> 01:13:28.480
But then Suarez shifts once more, adopting the traditional Thomist doctrine of the right

656
01:13:28.480 --> 01:13:31.660
of the people to resist tyrants.

657
01:13:31.660 --> 01:13:37.960
If a king lapses into tyranny, then the people may rise up and resist and even assassinate

658
01:13:37.960 --> 01:13:39.960
the King.

659
01:13:39.960 --> 01:13:46.680
But Suarez, like his forebears, hedged this powerful right of tyrannicide with a thicket

660
01:13:46.680 --> 01:13:48.520
of restrictions.

661
01:13:48.520 --> 01:13:55.380
In particular, tyranny must be manifest, and a private person cannot rise up himself and

662
01:13:55.380 --> 01:13:57.260
kill the king.

663
01:13:57.260 --> 01:14:03.940
The act must in some way be mandated by the people or community, acting as a whole.
