Translations of modern natural law by means of the justification of colonialism and slavery, as well as the origins of theories of race

点击翻译按钮获取中文摘要

The project examines the connections between early versions of colonialism and race theory as well as the theoretical changes linked to their migration from an Iberian to a Northern European context. The instrument of analysis used in this project is the concept of translation already utilized in a former DFG-project concerning the development of subjective right. The new project scrutinizes the interplay between reflections about man and human beings stemming from (natural) law, theology, and the (natural) sciences that have, starting with the so called Spanish Scholastics, shaped both the justifications and criticism of colonial conquest, of transatlantic slave trade, and of colonial slavery. The migration of these conceptions from a theologically dominated context into the secular debate of modern times shows a special kind of contrast: Although in the 16th century there was no common view regarding the equality of men, the justifications of war and slavery, e.g. by Vitoria and Molina, were nevertheless conceived in such a way that they could potentially convince non-Christians and non-Europeans as well. Conversely, in the 18th century we find a shared opinion concerning the equality of all men as persons together with a non-contested supposition concerning the inferiority of non-white races. General freedom of all men is not contrasted, on a theoretical level, with mass-deportations from Africa to the Americas. Justifications of colonialism are taken out of their scholastic framework and treated in a secular manner related to a colonialism of settlers, to which the concept of a no mans land (terra nullius) is essential. Within the philosophical discourse, the complex interrelations between early race theory and justifications of colonialisms have thus far been marginalized. There we find views that either interpret proponents of natural law as complicit in the Eurocentric politics of expansion or understand the emergence of modern law as detached from their association to the colonial system of rule and its legitimation, which refers to the state of original population. The task of the project is to move beyond the above-mentioned generalizations and to investigate several significant figures within the debate, including their reception. Along these lines, one of the subprojects deals with early versions of (pre)scientific race-theory, while the other project deals with the anthropological presuppositions about the inhabitants of recently conquered territories to be found explicitly or implicitly within the justifications of colonial rule. While the early, mostly Hispanic arguments show mostly an etatistic character, later arguments used in both the English and Dutch contexts show a tendency to refer to individual settlers. The two projects intend to grasp the initial steps of this development from different perspectives.