Summary of "Sem4Unidad3"

Summary of “Sem4Unidad3” Video

This video covers Unit 3, focusing on the political and legal culture of the Modern Age (15th to 18th centuries), particularly in Castile and the Indies. The content is divided into two main topics:

1. Formation of Modern Political Thought: Humanism and Legal Humanism

Historical Context

The Modern Age spans from the 15th to the 18th century, marking a transition from medieval to modern legal and political ideas.
The late Mos Italicus (school of legal commentators) dominated early on, characterized by:
- Predominance of forensic practice over teaching.
- Use of “procedural practices” — practical guides for legal professionals without scientific pretensions.
- Distancing from original Romano-canonical sources, relying instead on prior jurists’ analyses.
- Heavy reliance on authority and citations, often at the expense of original reasoning.
- Important commentaries on royal legislation, especially in Castile (e.g., Alonso Díaz de Montalbo, Antonio Gómez, Gregorio López).

Emergence of Humanism in Europe

Rooted in medieval thinkers like Dante, Petrarch, and Boccaccio.
Key characteristics:
- Reaction against the principle of authority; emphasis on reason.
- Anthropocentrism: man as the center of knowledge and culture, replacing the medieval theocentric worldview.
- Secularization of culture, aided by the rise of the bourgeoisie, universities, and the printing press.
- Study focus shifted to classical languages, philosophy, mathematics, natural sciences, and jurisprudence using rationalist/empirical methods.
- Classical antiquity became the new authority and model for arts, letters, philosophy, and history.
- Interest in non-Christian cultures, motivated by new geographical discoveries (e.g., indigenous Americans, oriental cultures).
- Development of the literary genre of utopia, with Thomas More’s work as a prime example.

Legal Humanism (Mos Gallicus)

Originated mainly in France, contrasting with Mos Italicus.
Jurists viewed Roman law as a historical, rational creation rather than current law.
Emphasized:
- Rational interpretation and use of classical and medieval non-legal sources.
- Systematic use of the Institutas (part of the Corpus Juris Civilis) as the most rational source.
- Validation of legal texts based on equity and reason, not mere authority.
Aimed to restore “true” Roman law, seen as corrupted by Justinian’s ministers and Mos Italicus jurists.
Criticized Mos Italicus jurists for ignorance of classical culture and poor philological skills.
Mos Italicus jurists criticized humanists for destabilizing accepted law through erudite debates.
Notable legal humanists:
- Andrea Alciato
- Ulrich Zasius
- Jacques Cujas
- In the Hispanic world: Juan Luis Vives, Antonio Agustín, Diego de Covarrubias
Humanism was less influential in Spain and Portugal due to royal restrictions and Protestant cultural ties.

2. Development of Castilian Law in the Modern Age

Strengthening of Royal Law (Real Law)

Decline of local customary laws and rise of centralized royal legislation.
Kings increasingly acted as legislators, issuing:
- Provisions and royal decrees (e.g., pragmatics functioning like laws).
- Ordinances sanctioned by courts (e.g., Ordinance of Alcalá de Henares).
Ordinances recognized older legal texts (like the Partidas) as supplementary law when compatible.

Legal Compilations

Compilations consolidated dispersed royal legislation into organized collections.
The compilation process was active, involving jurists who adapted and modified texts to contemporary needs.
This technique was not merely archival but a form of legal reform and adaptation.
Castilian compilations spanned from the 10th century to the early 19th century, with the last major compilation in 1805 (just before the French Civil Code).
Spain maintained this traditional compilation method longer than other European countries.

Methodology / Instructions Presented

Study the two mandatory texts:
- One on common law.
- One audio explaining the procedure and purpose of Spanish legal compilations.
Complete the self-assessment questionnaire to reinforce knowledge.
Participate in the second synchronous meeting to share and discuss activities from the past two weeks.

Speakers / Sources Featured

The video appears to be a lecture-style presentation by a single instructor (unnamed).
Historical figures mentioned as sources or examples:
- Medieval and Renaissance thinkers: Dante Alighieri, Francesco Petrarca, Giovanni Boccaccio.
- Legal commentators: Baldo, Alonso Díaz de Montalbo, Antonio Gómez, Gregorio López.
- Legal humanists: Andrea Alciato, Ulrich Zasius, Jacques Cujas, Juan Luis Vives, Antonio Agustín, Diego de Covarrubias.
- Thomas More (for utopian literature).
No other speakers explicitly identified.

This summary captures the main ideas, concepts, and instructions outlined in the video, providing a clear overview of the political and legal culture developments during the Modern Age in Castile and the Indies.