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In: (Un)masking the Realities of Power
Author: Wim Decock

In textbooks on international law, Grotius’s De iure belli ac pacis is frequently cited as proof of the Protestant origins of international law. Reaching back to Enlightenment commentaries on Grotius, this claim was reinforced at the threshold of the twentieth century and has prospered ever since, thanks to Hamilton Vreeland Jr.’s influential biography designating Grotius as the ‘father of the modern science of international law’. 1 Not unlike Weber’s account of the ‘Protestant origins of capitalism’, this claim has developed into a grand narrative about the ‘Protestant origins of modern international law’ that has become popular not

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In: Grotiana
Author: Wim Decock

Abstract

Based on a theory of value which included subjective elements, the last Spanish scholastics equated just price with market prices devoid of fraud, force or monopoly. They recognized the right of the authorities to fix prices, but they questioned the convenience. There was latitude in the price that sellers could charge without making a moral violation. There was even more latitude when determining whether a price was unjust from a legal point of view. A key principle influencing scholastic normative analysis of prices was volenti non fit injuria (“to a willing person, injury is not done”), though a certaim degree of ignorance could make a price unjust.

The Spanish scholastics analyzed the role of supply and demand as well as other factors influencing prices. Most of these factors were described by Conrad Summenhart more than half a century before Vitoria, and had a great influence on scholastic thought. Profits, wages and rents were analyzed in a similar manner, and were never discussed as belonging to distributive justice.

Tracing scholastic thought on these matters, the chapter focuses on the contributions of Francisco de Vitoria, Domingo de Soto, Tomás de Mercado, Martín de Azpilcueta, Luis de Molina, Juan de Mariana, and Francisco Suárez. The chapter also explores how some authors, many belonging to the so-called “Austrian school” (Joseph Schumpeter, Ludwig von Mises, F.A. Hayek, Murray Rothbard) evaluated the subsequent impact and relevance of Spanish Scholastic theory of just price.

In: A Companion to the Spanish Scholastics
In: Theologians and Contract Law
In: Theologians and Contract Law
In: Theologians and Contract Law
In: Theologians and Contract Law
In: Theologians and Contract Law
In: Theologians and Contract Law