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Property and subjective rights in Juan de Mariana

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  • FERNANDEZ, ANGEL

Abstract

This working paper aims to point out the ideas defended by the Spaniard Juan de Mariana in the early XVII century in his book “De Rege et Regis Institutione” and in his monetary treatise “De Monetae Mutatione”. Juan de Mariana not only summarized the ideas of the Spanish scholastics in such books, but also added powerful arguments to the defense of private property against the different forms of State coercion, a key concept in the political economics of an open society. That is to say, he bravely defended the strict protection of citizen's private property and subjective rights against the reason of State and tyrants. As a result of it, his book “De Rege et Regis Institutione” was burned in public in the year 1610 by order of the French Parliament. Furthermore, due to his monetary treatise, he was investigated by the court of Inquisition, which ordered his preventive imprisonment for one year. His work "De Monetae Mutatione" was persecuted in Europe by the Spanish ambassadors, who were ordered to recover and destroy all copies of his monetary masterpiece. There is no doubt that he was well known throughout Europe in the early decades of the XVII century, which was precisely when he clearly explained the main economic concepts which have been reflected in the works of later authors. ENGLISH VERSION.

Suggested Citation

  • Fernandez, Angel, 2010. "Property and subjective rights in Juan de Mariana," MPRA Paper 25932, University Library of Munich, Germany.
  • Handle: RePEc:pra:mprapa:25932
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    File URL: https://mpra.ub.uni-muenchen.de/25932/1/MPRA_paper_25932.pdf
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    Keywords

    History of Economic Thought; School of Salamanca; Property Rights; Subjective Rights; Law and Economics.;

    JEL classification:

    • O43 - Economic Development, Innovation, Technological Change, and Growth - - Economic Growth and Aggregate Productivity - - - Institutions and Growth
    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • B15 - Schools of Economic Thought and Methodology - - History of Economic Thought through 1925 - - - Historical; Institutional; Evolutionary
    • P16 - Economic Systems - - Capitalist Systems - - - Political Economy of Capitalism

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