Interpretation of Law, Justice and Peace in Early Modern Spain: a Treatise by Castillo de Bobadilla
Interpretation of Law, Justice and Peace in Early Modern Spain: a Treatise by Castillo de Bobadilla

Author(s): Belinda Rodríguez Arrocha
Subject(s): Law, Constitution, Jurisprudence, History of Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Castillo de Bobadilla; Early Modern Age; Legal doctrine; Legal history; Spanish Monarchy;
Summary/Abstract: Jerónimo Castillo de Bobadilla published his work titled Política corregidores y señores de vasallos en tiempo de paz y de guerra in 1597 (Madrid).This work was a treatise about the practice of government and justice by lay and religious authorities. In this sense, Castillo used his vernacular language (Spanish) in redaction. The reason for his linguistic choice was that his book was intended for governors and judges in the local sphere who had no education in law studies or the Latin language. The main purpose of this paper is to elucidate the characteristics of the legal interpretation of diverse sources mentioned by Castillo, regarding the preservation of peace and order in possession of the Spanish Monarchy under the perspective of Legal History. It is important to remember that his Política belonged to the doctrinal field of mos italicus. The work contains mentions of Roman law, royal laws, Italian jurisprudence and doctrine, the Bible, historical examples of government measures, and customs in judicial practice. Frequently, the said author explained the diverse interpretations of some legal questions in order to show which was the "right" one. Despite strengthening the royal law, doctrinal opinions had an important role in Castillo's disquisition.

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