Natural Law, Constitutionalism, Reason of State, and War: Counter-Reformation Spanish Political Thought (Volumes I and II) aims at understanding how Spanish thinkers in the sixteenth and early seventeenth centuries approached the emerging institution of the state. Both volumes are divided evenly into four distinct but related parts that cover the Spaniards' central concerns. In the first part, a fundamental question is asked: Is the state a natural institution? In the second, the theme is determining the best form of government. The third part is concerned with the imperative need to define the ethical boundaries beyond which the state must not trespass. Finally, the fourth part examines the question of war as an instrument of policy.

In Natural Law and the Antislavery Constitutional Tradition, Justin Buckley Dyer provides a succinct account of the development of American antislavery constitutionalism in the years preceding the Civil War. Within the context of recent revisionist scholarship, Dyer argues that the theoretical foundations of American constitutionalism - which he identifies with principles of natural law - were antagonistic to slavery. Still, the continued existence of slavery in the nineteenth century created a tension between practice and principle. In a series of case studies, Dyer reconstructs the constitutional arguments of prominent antislavery thinkers such as John Quincy Adams, John McLean, Abraham Lincoln and Frederick Douglass, who collectively sought to overcome the legacy of slavery by emphasizing the natural law foundations of American constitutionalism. What emerges is a convoluted understanding of American constitutional development that challenges traditional narratives of linear progress while highlighting the centrality of natural law to America's greatest constitutional crisis.

The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes for natural law -- Echoes of natural law.

To the Uttermost Parts of the Earth shows the vital role played by legal imagination in the formation of the international order during 1300–1870. It discusses how European statehood arose during early modernity as a locally specific combination of ideas about sovereign power and property rights, and how those ideas expanded to structure the formation of European empires and consolidate modern international relations. By connecting the development of legal thinking with the history of political thought and by showing the gradual rise of economic analysis into predominance, the author argues that legal ideas from different European legal systems - Spanish, French, English and German - have played a prominent role in the history of global power. This history has emerged in imaginative ways to combine public and private power, sovereignty and property. The book will appeal to readers crossing conventional limits between international law, international relations, history of political thought, jurisprudence and legal history.

Arguing against historians of Spanish political thought that have neglected recent developments in our understanding of Machiavelli's contribution to the European tradition, the thesis of this book is that Machiavellian discourse had a profound impact on Spanish prose treatises of the sixteenth and seventeenth centuries. After reviewing in chapter 1 Machiavelli's ideological restructuring of the language of European political thought, in chapter 2 Dr. Howard shows how, before his works were prohibited in Spain in 1583, Spaniards such as Fadrique Furi Ceriol and Balthazar Ayala used Machiavelli's new vocabulary and theoretical framework to develop an imperial discourse that would be compatible with a militant understanding of Catholic Christianity. In chapters 3, 4 and 5 he demonstrates in detail how Giovanni Botero, Pedro de Ribadeneyra, and their imitators in the anti-Machiavellian reason-of-state tradition in Spain, attack a straw figure of Machiavelli that they have invented for their own rhetorical and ideological purposes, while they simultaneously incorporate key Machiavellian concepts into their own advice. Keith David Howard is an Assistant Professor of Spanish at Florida State University.

In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.

The School of Salamanca in the Affairs of the Indies explores the significance of Salamancans, such as Vitoria and Soto, and related thinkers, such as Las Casas and Sepúlveda, in the formation of the early modern political order. It also analyses early modern understandings of political order, with a focus both on the decline of the medieval universal world through the independence and secularization of political community and the establishment of continuous and imbalanced relations between various European and non-European political communities. Through its investigation, this book highlights how Salamancans and related thinkers clearly distinguished their understandings of political order from medieval thought, and did so in a different way to contemporary and later thinkers, such as Machiavelli, Luther, Bodin, and Grotius, particularly with regards to the Indies, “barbarian” worlds. It also reveals the strong contribution of the School of Salamanca in early modern political thought, both internally and externally. Salamancans imposed moral restrictions against “interior barbarism,” that is, power beyond law, and included “exterior barbarism,” that is, “barbarian” societies, in the common political order. Situating the School of Salamanca in the mainstream history of European political thought, The School of Salamanca in the Affairs of the Indies is ideal for academics and postgraduate students of intellectual history and of Spanish colonial expansion.

As the first translator of Plato's complete works into Latin, the Florentine writer Marsilio Ficino (1433-99) and his blend of Neoplatonic and Hermetic philosophy were fundamental to the intellectual atmosphere of the Renaissance. In Spain, his works were regularly read, quoted, and referenced, at least until the nineteenth century, when literary critics and philosophers wrote him out of the history of early modern Spain. In Ficino in Spain, Susan Byrne uses textual and bibliographic evidence to show the pervasive impact of Ficino's writings and translations on the Spanish Renaissance. Cataloguing everything from specific mentions of his name in major texts to glossed volumes of his works in Spanish libraries, Byrne shows that Spanish writers such as Miguel de Cervantes, Lope de Vega, Bartolomé de las Casas, and Garcilaso de la Vega all responded to Ficino and adapted his imagery for their own works. An important contribution to the study of Spanish literature and culture from the fifteenth to the seventeenth centuries, Ficino in Spain recovers the role that Hermetic and Neoplatonic thought played in the world of Spanish literature.

This study provides a new analysis of the pictorial ensemble of the Torre de la Parada, the hunting lodge of King Philip IV of Spain. Created in the late 1630s by a group of artists led by Peter Paul Rubens, this cycle of mythological imagery and hunting scenes was completed by Diego Vel?uez. Despite the lack of a written program, surviving works provide eloquent testimony of several basic themes that embody Neostoic ideals of self-restraint and prudent governance. While Rubens set the moral tone through his serio-comic Ovidian narratives, Vel?uez added an important grace note with his portraits of ancient philosophers, and royals and fools of the court. This study is the first to consider in depth their joint artistic contributions and shared ambition. Through analysis of individual works, the authors situate these pictorial inventions within broader intellectual currents in both Spanish Flanders and Spain, especially in the advice literature and drama presented to the Spanish king. Moreover, they point to the lasting resonance of Torre de la Parada for Vel?uez, especially within his late masterworks, Las Meninas and Las Hilanderas. Ultimately, this study illuminates the dialogical nature of this ensemble in which Rubens and Vel?uez offer a set of complementary views on subjects ranging from the nature of classical gods to the role of art as a mirror of the prince.

We fear that the growing threat of violent attack has upset the balance between existential concepts of political power, which emphasize security, and traditional notions of constitutional limits meant to protect civil liberties. We worry that constitutional states cannot, during a time of war, terror, and extreme crisis, maintain legality and preserve civil rights and freedoms. David Williams Bates allays these concerns by revisiting the theoretical origins of the modern constitutional state, which, he argues, recognized and made room for tensions among law, war, and the social order. We traditionally associate the Enlightenment with the taming of absolutist sovereign power through the establishment of a legal state based on the rights of individuals. In his critical rereading, Bates shows instead that Enlightenment thinkers conceived of political autonomy in a systematic, theoretical way. Focusing on the nature of foundational violence, war, and existential crises, eighteenth-century thinkers understood law and constitutional order not as constraints on political power but as the logical implication of that primordial force. Returning to the origin stories that informed the beginnings of political community, Bates reclaims the idea of law, warfare, and the social order as intertwining elements subject to complex historical development. Following an analysis of seminal works by seventeenth-century natural-law theorists, Bates reviews the major canonical thinkers of constitutional theory (Locke, Montesquieu, and Rousseau) from the perspective of existential security and sovereign power. Countering Carl Schmitt's influential notion of the autonomy of the political, Bates demonstrates that Enlightenment thinkers understood the autonomous political sphere as a space of law protecting individuals according to their political status, not as mere members of a historically contingent social order.