This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.

Mexico’s Reforma, the mid-nineteenth-century liberal revolution, decisively shaped the country by disestablishing the Catholic Church, secularizing public affairs, and laying the foundations of a truly national economy and culture. The Lawyer of the Church is an examination of the Mexican clergy’s response to the Reforma through a study of the life and works of Bishop Clemente de Jesús Munguía (1810–68), one of the most influential yet least-known figures of the period. By analyzing how Munguía responded to changing political and intellectual scenarios in defense of the clergy’s legal prerogatives and social role, Pablo Mijangos y González argues that the Catholic Church opposed the liberal revolution not because of its supposed attachment to a bygone past but rather because of its efforts to supersede colonial tradition and refashion itself within a liberal yet confessional state. With an eye on the international influences and dimensions of the Mexican church-state conflict, The Lawyer of the Church also explores how Mexican bishops gradually tightened their relationship with the Holy See and simultaneously managed to incorporate the papacy into their local affairs, thus paving the way for the eventual “Romanization” of Mexican Catholicism during the later decades of the century.

Who Should Rule? traces the ambitious imperial reform that empowered new and competing political actors in an era of intense imperial competition, war, and the breakdown of the Spanish empire. Mónica Ricketts examines the rise of men of letters and military officers in two central areas of the Spanish world: the viceroyalty of Peru and Spain. This was a disruptive, dynamic, and long process of common imperial origins. In 1700, two dynastic lines, the Spanish Habsburgs and the French Bourbons, disputed the succession to the Spanish throne. After more than a decade of war, the latter prevailed. Suspicious of the old Spanish court circles, the new Bourbon Crown sought meritorious subjects for its ministries, men of letters and military officers of good training among the provincial elites. Writers and lawyers were to produce new legislation to radically transform the Spanish world. They would reform the educational system and propagate useful knowledge. Military officers would defend the monarchy in this new era of imperial competition. Additionally, they would govern. From the start, the rise of these political actors in the Spanish world was an uneven process. Military officers became a new and somewhat solid corps. In contrast, the rise of men of letters confronted constant opposition. Rooted elites in both Spain and Peru resisted any attempts at curtailing their power and prerogatives and undermined the reform of education and traditions. As a consequence, men of letters found limited spaces in which to exercise their new authority, but they aimed for more. A succession of wars and insurgencies in America fueled the struggles for power between these two groups, paving the way for decades of unrest. Emphasizing the continuities and connections between the Spanish worlds on both sides of the Atlantic, this work offers new perspectives on the breakdown of the empire, the rise of modern politics in Spanish America, and the transition to Peruvian independence.

The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.