The University of Bologna dominated the fields of Law from the 11th to the 15th century. The Sixteenth century however, saw an intellectual revolution in Law, Human Rights, and Economics, and most of this work was done by a group of Scholars associated with the University of Salamanca in Spain. These scholars were known as the "Second Scholastics" or "Spanish Scholastics" and the they were predominantly Dominicans and Jesuits.
Several factors contributed to the Intellectual Revolution of the 16th century:
The first and most influential of the Spanish Scholastics was Francisco de Vitoria, a Dominican theologian, and founder School of Salamanca. He is best known for his contributions to Just War theory, and for developing a basis for defending the Natural Rights of Man, especially when dealing with pagan or less-civilized races. While Bartholomew de Casas was the best known critic of Spanish treatment of natives peoples, it was Vitoria who developed the "New Laws for the Good Treatment and Preservation of the Indians". The modern idea of the nation-state did not fully emerge until the 17th century, but it was Vitoria's principles regarding natural human rights and freedoms, that laid the basis for International law
Scholars from Salamanca pioneered many “Enlightenment” era ideas a fully century before the Protestants and Deists of the 17th century managed to convinced people that the Catholic Church was somehow opposed to science, human rights, freedom of thought, and progress in general. The fact that the great Salamanca Scholars of the 16th century are not better known is largely due to Protestant, and especially English, anti-Spanish bias. Regarding the contribution of the Salamanca School to Economics, Wikipedia states,
"In the 16th century the School of Salamanca developed economic theory to a high level, only to have their contributions forgotten."
Likewise, the Protestant historians who have promoted the Black Legend, spread propaganda regarding the Inquisition, and distorted much of Spanish history in English histories, have largely ignored the contributions of the Salamanca Scholars. A few of the most eminent are listed below, along with fields of study in which they made notable contributions.
One of the first and most notable contributions of the Salamanca scholars was their role in defining the natural rights of native peoples of the Americas. The Catholic Church, as a missionary organization, had long experienced dealing with primitive and pagan peoples, but by the Age of Discovering, all of Europe had long been Christianized and the principles of ethical treatment of subject populations had to be reconsidered and addressed.
The Dominican order was the first to recognize the problem of the Spanish treatment of natives in the Americas. Several notable spoke out strongly against abuses and worked for reform.
The most famous advocate for native Americans was Bartholomew de las Casas, but it was Vitoria who worked with Charles V to promulgate the New Laws of the Indies for Good Treatment of Indians of 1542. These were the first "humanitarian" laws passed in the New world, fifty years after Columbus discovered America. The laws were fully supported by both the Pope and the Emperor, and had they been successfully enforced, could have dramatically changed the condition of native peoples for the better. The New Laws:
Unfortunately, the reception of the “New Laws” in Spanish America was not good!!!!! In Peru, the Pizarro brothers led a rebellion against Nunez Vela, the Viceroy who tried to enforce the law. In the civil War that ensued, the Viceroy and many of the kings other supporters were killed. In Mexico, the Viceroy Mendoza was fully aware of the disastrous uprisings that had occurred in Peru and was much more cautious. He did not enforce the laws at first but gradually complied with many parts and did what was possible to improve the conditions of the natives.
Overall, the rights of the native peoples were better protected in Mexico than in Peru. Partly this was due to the excellent character of the first Viceroy (Antonio de Mendoza) and Archbishop (Juan de Zumarraga). But another important factor was that in Mexico, many encomiendas were primarily agricultural, whereas in Peru natives were required to work in the silver mines. Only slaves could be induced to work in the silver mines so enforcing the New Laws would destroy the Spanish economy in the region, and cause another rebellion. The reaction of land-holders in Peru was so adverse that Charles V was forced to revise and water down the laws over time.
There is a fundamental difference in the ways Protestants and Catholics view International Law. The modern, Protestant notion of International Law is exemplified by the Peace of Westphalia which ended the Thirty Years War and fundamentally changed the way Christian nations dealt with each other. Henceforth, European nations would treat each other as 'Sovereign states' not beholden to any higher influence or common loyalty, and to Protestant theorists, this was a good thing.
The great Protestant theorist of the 17th century was Hugo Grotius, yet the principles of his great work 'On the Law of War and Peace' were based directly on the work of the School of Salamanca in fields such as Human Rights, Natural Law, and Just War. The idea that laws between sovereign nations must be based on natural rights and reason rather than a common religious authority was proposed by Catholic scholars a century previously to help promote ethical treatment of pagan nations in the Americas. The great contribution of Grotius was to apply these principles to promote a Protestant view of national sovereignty.
The influence of Catholic Scholars such as de Vitoria on the theory of International Law should be recognized, but it is only one part of the Catholic Church's timeless efforts to work for peace between nations. From its beginning the Church has seen its mission as international, not dependent on any race or nation, and committed to goodwill among all peoples. To appreciate the full contribution of the Catholic Church to the field of International Relations it is helpful to look beyond legal theory and review its long tradition of proselytizing and peace-making among both Christian and non-Christian nations.
During the Middle Ages, the Catholic Church rebuilt Western civilization from the ruins of the Roman Empire and wielded together hundreds of diverse peoples into a unified, but multicultural civilization. It preserved the best of Roman customs, laws, and traditions and helped educate men of all classes and races. It sent monks and missionaries as ambassadors to all nations and preached a gospel of peace and goodwill. The ways in which the Catholic Church influenced rules of warfare, mediated disputes, and encouraged co-operation peaceful relations between nations is almost limitless, but a few examples are listed below.
All these actions help demonstrate that the Catholic Church's commitment to international peace and co-operation go far beyond legal theory. From the fall of Rome to the Protestant Era (in spite of much interference from troublesome princes) the Catholic Church saw itself as an international organization, a unifying force among nations and the upholder of spiritual truths to which all nations were subject.
At the Peace of Westphalia the Protestant nations of Europe rejected Church’s historic role as guardian of Christian tradition, and mediator of Christian nations, and adopted instead the idea of International Law (as defined by Catholic scholars) as a way to resolve international disputes. The Protestant sovereigns of the age could look no farther than enhancing their own power and autonomy at the expense of Christian unity for generations to come. Their decision recalls the fable of the farmer who, hoping for instant riches, killed the Goose who laid Golden eggs.