Jurídical Context of the Expulsion: Concept of "Status" and "Naturaleza" of Jewish Ethnic-Confessional Minority in Medieval Hispanic Kingdoms

Abstract

The author analyses in this article the legality of the decree of expulsion of the Jewish communities from Iberian Peninsula, in accordance with jurisprudence of the Council of Aragon and Castille, standing behind that this ethnical minority had not the condition of citizenship. Under these arguments we study the elements which make up the juridicial meaning of nationality, thus ius solis, ius sanguinis, and last but not least, cultural and religious factors. Likewise we examine the paradigm dina' de-malkuta' dina'.