Restitution as a duty of justice in Tomás de Mercado
DOI:
https://doi.org/10.4013/fsu.2017.183.16Abstract
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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