DERECHO Y SEGURIDAD JURÍDICA EN EL RENACIMIENTO ESPAÑOL.

Abstract

The Renaissance reflects a creative restlessness in the search for certainty and security, with a greater margin for freedom, which is helped along by a lessgeocentric view and man's greater confidence in himself (CHESTERTON, ORTEGA, GALILEO, DESCARTES). The Spanish Renaissance event has similar characteristics because of the eight centuries of Reconquest, and an erosion of Roman or Germanic law. In addition, because of the singularity of the Discovery of America. The necessity of making «pacts» between the (Catholic) Church and royal power, with respect to titles to the «discovered» lands, with ownership for the Church's reliable men. This forced juristic theologians of the sixteenth-century Spanish school, in their formulations for coexistence and conflict resolution, through the right of peoples and the Laws of the Indies, to seek legal certainty and legal security. With time this became a principle and a human right, even a constitutional right. Applicable to fair warfare, or to the dynamics of asset and real-estate relations. Other contributions are found in the new right to education and training that was born in José DE CALASANZ, sixteenth-century creator of the first Christian commoners' schools, and Miguel SERVET, jurist of the same century, who experienced the insecurity of three inquisitorial proceedings, and a process centring on populist, Calvinist foundations, without the guarantees and tolerance that SERVET, was the first to formulate as a right.