Casuistry and juridical system in the works of Juan de Solórzano and Miguel de San José (Seventeenth and Eighteenth Centuries)

• Grant number: 12/05180-4
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: June 01, 2012
• End date: May 31, 2013
• Field of knowledge: Humanities - History - History of America
• Principal Investigator: Rafael Ruiz Gonzalez
• Grantee: Mariangela Célia Ramos Violante
• Host Institution: Escola de Filosofia, Letras e Ciências Humanas (EFLCH). Universidade Federal de São Paulo (UNIFESP). Campus Guarulhos. Guarulhos , SP, Brazil

Abstract

The research aims to study the Book V of Tome II of the work Política Indiana of Juan de Solorzano y Pereyra and the work Estudio de la verdad contra el demasiado aprecio de la opinión of the fray Miguel de San Jose published in 1647 and 1715, respectively. We intend to investigate the evolution of Right during the seventeenth and eighteenth centuries from the Hispanic thought inserted in the legal and theological literatures at that time to understand the configuration of two legal spheres, the casuist and systematic. Our goal is related to the experience of American reality, of which resulted the legal and administrative practices that will be investigated based on the present logic in the Hispanic world of flexibility that led the social relations. This research is based on the current questions of my supervisor's project, mainly on the importance of judges and the mechanisms that constitute their sentence. Therefore, we aim to enrich the research about the tradition that mobilized the conscience of these officers in the practice of justice.