On Slavery and the Slave Trade: De Iustitia et Iure, Book 1, Treatise 2, Disputations 32-40

The Jesuit Luis de Molina (1535-1600) wrote On Justice and Rights, which examined the legal and ethical implications of the Portuguese trade in enslaved people from Africa and Asia. He argued that even under legal slavery, individuals had inalienable rights such as the freedom to make contracts and marry. Molina also discussed the ways to end slavery and the rights of slaves to escape from their owners. He provided a detailed account of the slave trade, including the origins, development, and the relationship between local rulers and the Portuguese kingdom. While Molina did not condemn slavery as a legal institution, his criticism of the flawed and immoral behavior of sellers, buyers, regulators, and political rulers cast a heavy shadow on the morality of the trade.

Format: Hardback
Length: 200 pages
Publication date: 29 November 2023
Publisher: The Catholic University of America Press

The Jesuit Luis de Molina (1535-1600) delved into the intricate legal and ethical dimensions of the Portuguese trade in African and Asian enslaved persons in his monumental work, On Justice and Rights. Molina conducted a comprehensive survey, analyzed, and challenged the criteria for the legitimate acquisition, sale, and purchase of human freedom. He firmly asserted that, even within the framework of legally valid slavery, individuals who had been sold or lost their freedom retained inalienable rights as human beings, including the freedom to enter into contracts, marry, and, under certain circumstances, pursue legal action against their owners in court. Molina also explored the potential avenues for ending slavery and examined the circumstances under which slaves had the right to escape from their masters. Drawing on his extensive knowledge of the political structures and customs of various African, Japanese, Chinese, and Indian peoples, Molina painted a vivid and detailed picture of the Portuguese trade. He provided specific accounts of the origins and evolution of the slave trade, region by region, and shed light on the complex relationship between local rulers and the Portuguese kingdom. Through meticulous descriptions, Molina exposed the deceit, coercion, and general indifference that permeated this trade, particularly concerning the rights of these individuals to freedom. Furthermore, he sought to identify the political, ecclesiastical, and market agents involved in this great injustice and assessed their varying degrees of culpability. While Molina did not condemn slavery as a legal institution per se, the flawed and often immoral behavior of sellers, buyers, regulators, and political rulers in both Portugal and the slave-supplying regions cast a heavy shadow on the morality of the trade.

Dimension: 229 x 152 (mm)
ISBN-13: 9780813237497