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The conformation of the judges conscience from the legal teaching in the works of Bermúdez de Pedraza, Machado de Chavez and Soto (sixteenth and seventeenth centuries)

Grant number: 13/27132-4
Support type:Scholarships in Brazil - Master
Effective date (Start): May 01, 2014
Effective date (End): April 30, 2016
Field of knowledge:Humanities - History - History of America
Principal Investigator:Rafael Ruiz Gonzalez
Grantee:Mariangela Célia Ramos Violante
Home Institution: Escola de Filosofia, Letras e Ciências Humanas (EFLCH). Universidade Federal de São Paulo (UNIFESP). Campus Guarulhos. Guarulhos , SP, Brazil

Abstract

This research aims to identify and analyze the forms and doctrinal elements who sought to configure the conscience of judges, allowing them to establish the most appropriate solution to the causes and mainly deal with moral questions during the process of development of their sentences. The outline of our research in the mid-sixteenth century to the first half of the seventeenth century, is based on extensive historiography which has asserted the inseparability of legal and theological fields, both in teaching and practice of justice in the Hispanic-American world in this period. The hypothesis that supports the research is the idea that moral theology and the works of legal doctrine provided an argumentative and normative body that tended to indicate or help judges to deliberate in consciousness in front of alleged and proved, and pronounce the his sentence. In this sense, identify and critically analyze the doctrinal elements seeking guidance or set the function of establishing the justice of the magistrates, it becomes important to deepen the knowledge of the processes involved not only in the interpretation of laws, by the concrete judgments, but also in the elaboration of judgments that defined the relations of power and justice in conflict. The sources of our research consists of the following works: Book II of the Tratado de la Justicia y el Derecho of the theologian Domingo de Soto, Arte Legal para el Estudio de la Jurisprudencia of the jurist Francisco Bermúdez de Pedraza and Book I of the Perfecto Confessor y Cura de Almas of the jurist and moralistic Juan Machado de Chaves. (AU)