The corporate society and the validity of the pactist monarchy. From the Late Middle Ages to the American emancipation

Abstract

The theses which state that the origin of the ideas of American independence projects are to be found in the Enlightenment is still found today. However, a few French and Hispanic authors have, since mid XXth century studied Spanish scholastic theological and philosophical sources claiming that royal power descends from God, whom grants it to his people, whom in turn freely transfers it to the sovereign under specific circumstances through a pact (translation). This particular pact allowed a unanimous reaction and response to the crisis of 1808, which is the reason behind the interest in both, origin and development, of a shared tradition of Hispanic pactism. However, the time span between this origin and American independence alongside the troubles Spain underwent could cloud this connection. The development of the political and legal conceptualizations intrinsic to Old Regime societies -since the Late Middle Ages- based on the anthropomorphic idea of a body where power is fragmented on several levels in relation to its parts results in a decentralized social system connected through subordination bonds between king and subjects. The different Kingdoms in Spain exhibited versions of contractualism in the Cortes, shown in its documentation. The ascension of Bourbon authoritarianism would alter the conformation of the juridical and political royal power, since they would not mention the original pact. Regardless, the political and juridical ideas which it had originated were reborn in the American Independence process.