The right of infidels to protect their goods from the perspective of the 15th century Polish school of "ius gentium"

The present article deals with the right of infidels to protect their goods (mainly territory) and, in particular, to oppose military conversion directed against their ownership and governance, according to the doctrine of the Polish school of ius gentium created by Stanislas of Scarbimiria and Paul...

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Bibliographic Details
Main Author: Bańczyk, Wojciech (Author)
Format: Electronic/Print Article
Language:English
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Published: Peeters [2017]
In: Ethical perspectives
Year: 2017, Volume: 24, Issue: 1, Pages: 39-58
Standardized Subjects / Keyword chains:B Włodkowic, Paweł 1370-1435 / Stanislaus de Scarbimiria 1362-1431 / International law / Non-Christian / Real estate
IxTheo Classification:CC Christianity and Non-Christian religion; Inter-religious relations
KAF Church history 1300-1500; late Middle Ages
NCD Political ethics
Online Access: Volltext (doi)
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Summary:The present article deals with the right of infidels to protect their goods (mainly territory) and, in particular, to oppose military conversion directed against their ownership and governance, according to the doctrine of the Polish school of ius gentium created by Stanislas of Scarbimiria and Paulus Vladimiri. Based on theological and legal sources, the core of their doctrine is human dignity, which respects the equality of all individuals regardless of their faith. The said equality implied equal subjection to the provisions of natural law. Infidels thus had a right to live peacefully and to possess territories. In the opinion of Innocent IV, moreover, they were to receive a title to non-inhabited land they had once occupied. These rights were accompanied by the right to defend possessions against violation. The right to respond in self-defence to any invasion is also described as entirely natural, demonstrated by the Roman maxim vim vi repellere licet. But such a possibility remained limited. The entire doctrine aims at the confirmation of the right of infidels to protect their goods. While locating it in the context of applying these agreed rights to real situations in 15th century Europe, I conclude by contrasting it with the religious discrimination that has taken place throughout the ages.
ISSN:1370-0049
Contains:Enthalten in: Ethical perspectives
Persistent identifiers:DOI: 10.2143/EP.24.1.3200593