Restitution as a duty of justice in Tomás de Mercado

Alfredo Culleton

Abstract


After briefly introducing the theme of penalty and punishment in the tradition of the First and Second Scholasticism, we seek to show the development that Tomás de Mercado (1525-1575) makes of the concept of restitution in his Suma de Tratos e Contratos written in 1571. In it he defends restitution as an imperative of justice that binds in consciousness and which cannot be dispensed by any power since it is a mandate of natural law.

Keywords: restitution, punishment, Tomás de Mercado, colonial Scholasticism.


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ISSN: 1984-8234 - Best viewed in Mozilla Firefox

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This work is licensed under a Creative Commons Attribution 4.0 International License [Updated on September 23, 2016].

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