Dialogues and Disagreements between Philosophy and Positive Law: Francisco de Vitoria’s Theory of Property of and the Castilian Normative

Abstract

In this article an aspect of the legal thought of the members of the School of Salamanca is approached. It attempts to inquire into their relations and comparison with the criteria and categories used by the forensic operators of their time. For this historical-legal methodology is applied. In short, after examining if the concept of property from Vitoria, in its private law meaning (dominium proprietatis) was adapted or not to the regulation of the institute contained in the Siete Partidas, it ends up pointing out the existence of certain differences between our theologian of Salamanca and the practical jurists. At the end, some reflections about the causes and reach of this phenomenon are offered.